The Importance of Ensuring Product Safety
In today’s fast-paced consumer market, product safety is paramount. As technology and innovation drive the creation of new products, ensuring those products are safe becomes an increasingly complex and essential task. In the age of nuclear jury verdicts (verdicts with very large sums of money awarded by the jury), manufacturers face the formidable task of anticipating how their products may be foreseeably used, misused, abused, or modified. Manufacturers must consider product safety issues from the materials that make up the product to the moment, possibly years later, when the product is ultimately taken out of service and discarded. This is made even more difficult by ever-changing standards and technological developments.
The consequences of an unsafe product are enormous. Increasingly, juries are rendering multi-million-dollar verdicts. Punitive damages are often awarded where multiple claims are made. Attorney fees and litigation can be tremendously expensive. Social media can tarnish a product’s hard-earned image overnight. Recalls are expensive and can be detrimental to corporate reputation. Insurance coverage may become prohibitively expensive, if not outright impossible, to acquire.
A corporate culture revolving around safety is essential and should be the mindset of everyone involved in the product, from leadership to the rank and file, reflecting the organization’s commitment to excellence and safety. This requires investment from the very top echelons of the company. This top to bottom commitment will reflect itself in product design, manufacturing, customer interaction, and keeping abreast of issues that arise with the product in the marketplace.
One of the critical elements in maintaining product safety is the information provided to users about the safe use of a product. This is typically done through warnings and manuals, but also through product videos, social media, and field training. These tools are vital in communicating potential risks and proper usage guidelines to consumers, helping to prevent accidents and injuries.
The Role of Adequate Communication of Safety
Warnings and manuals typically serve as the first line of defense in product safety. They provide essential information that helps users understand how to use a product safely and effectively. Without clear and concise instructions, even the most well-designed products can pose significant risks. Here are a few reasons why warnings and manuals are indispensable:
- Avoidance of Hazards: Manuals and warning labels educate users on the avoidance of unsafe situations and hazards which arise from the use of the product. Very few products can be deemed “totally safe,” as hazards are often inherent in the use of most products. Properly drafted warnings, both on the product and in manuals, inform users how to avoid potential hazards and prevent misuse which can lead to accidents or damage to the product. This is especially important for products that may seem harmless but have hidden dangers.
- Safe Use of Product: Not only must manufacturers warn of hazards, but they must also instruct users as to the safe use of the product. Manuals should provide users with the information needed to safely use the product.
- Legal Protection: Proper documentation can protect manufacturers from liability in the event of an accident. By providing clear warnings and instructions, companies can demonstrate that they have taken reasonable steps to inform users of risks. A well written product manual reflects the safety culture of the company as well. It will often be a critical exhibit in the defense of any lawsuit.
- Enhancing Consumer Confidence: Well-crafted manuals and warnings increase consumer trust. When users know that a company has taken the time to provide detailed information, they feel more secure in their purchase.
Challenges in Creating Effective Warnings and Manuals
Despite their importance, creating effective warnings and manuals is not without challenges. One significant challenge is ensuring that the information is accessible and understandable to all users. This involves considering language barriers, literacy levels, and even cultural differences. Additionally, the increasing complexity of products means that manuals must cover a wide range of scenarios and potential issues, which can be daunting.
The 36th Annual Product Liability Conference
Addressing these challenges and more, the University of Wisconsin–Madison hosted the 36th Annual Product Liability Conference. This event, held at UW–Madison from October 15–17, was unique in its approach, bringing together a diverse audience of safety engineers, reliability experts, lawyers, insurance representatives, and technical writers. The interdisciplinary nature of this conference fostered a comprehensive understanding of product safety from multiple perspectives.
The conference featured sessions on the latest trends in product safety, with topics including the importance of creating a corporate culture for safety, unintended chemicals found in products, the latest in the standards applicable to warnings and instructions, risk analysis, and the future use of artificial intelligence in product design. Speakers addressed product safety from an insurer’s perspective, post-sale obligations, and ways companies can protect themselves from liability from a contractual perspective. Jury consultants and nationally recognized trial attorneys discussed case studies on successful warning and manual implementations, jury and plaintiff perspectives on product liability, and best practices for creating effective safety documentation. A respected Wisconsin trial judge gave his insights about how little-known evidentiary rules can impact the outcome of product liability jury trials. Participants had the opportunity to network with professionals from various fields, sharing insights and strategies for improving product safety.
Conclusion
The importance of a corporate culture for safety cannot be overstated. It is reflected in the design and manufacture of the product and the communication of risks and hazards associated with the product. As products become more sophisticated, the need for clear, comprehensive, and accessible safety information grows. A culture for safety is reflected by keeping abreast of new technology and what takes place post sale in the field. These tools are essential for preventing accidents, protecting consumers, and ensuring that manufacturers meet their legal obligations. Events like the 36th Annual Product Liability Conference at UW–Madison are crucial in advancing our understanding and implementation of effective safety practices. By bringing together experts from various fields, this conference aims to enhance the safety of products in today’s market, ultimately benefiting both consumers and manufacturers.