Protecting your business from products liability litigation

Product liability laws exist to protect consumers against products that are faulty and may lead to harm. This means there is a constant source of risk for your manufacturing business and it’s your responsibility to ensure your products are suitable for public use.

Whilst this may seem difficult, there are several measures you can take to make sure your business is protected from product liability litigation.

Hire experts in the field

Keeping a legal team on retainer is highly beneficial to prevent product liability issues and minimise risk to your company. Experienced litigation lawyers can provide relevant advice on product safety laws and guidance should anything go wrong during the manufacturing process.

They can also keep you updated on any relevant changes to the law that could result in legal action if not dealt with appropriately. If you’re not well versed in product liability laws then outsourcing these responsibilities is recommended.

Test your products regularly

While you may decide to stop testing your product as soon as it reaches the market, it’s essential that you continue with the testing. Doing so can identify defects and problems with the design process that could seriously put your business at risk.

Ongoing testing also provides a track record of how you have monitored your products through their development and manufacturing. These records may be required in the event of litigation.

Integrate safety into the designing stage

Research how your product will likely be used, what problems this could cause and take the relevant preventative measures to ensure the product meets all industry standards.

Conduct a thorough safety review of the product to assess whether the warnings and labels can be seen easily and highlight all potential hazards to the consumer. Ensure these are clearly visible and compliant with legal requirements. The product should be updated to reflect any changes in laws or if new hazards become apparent.

Work with trustworthy suppliers

Aim to develop a good rapport with your suppliers and identify whether they are a trustworthy source for your product. Check that they are meeting all safety requirements and have favourable reviews before doing business together.

Supplier performance can be checked using software that is specific to your business. Indicators that determine if your suppliers are reliable include the efficiency of their services, frequency of negative incidents, accuracy and timing of billing and quality of service.

You’ll also need to check if they make any adjustments to their goods as it could prove risky for your company.

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