Tanenbaum Keale LLP President James H. Keale and associate Timothy Freeman recently co-authored an article for Industry Today on product liability litigation considerations related to safety warnings. Specifically, Keale and Freeman — along with Joseph B. Sala and Rachel Kelly of Exponent, a multidisciplinary firm providing engineering, scientific, environmental and health consulting services — looked at the challenges of providing meaningful product safety warnings without “over-warning.”
Titled “Simple vs. Detailed: Inherent Tension In Warning Design,” the article helps manufacturers and industrial professionals better understand how to meet their duties in a manner that best serves customers and end users, while reducing the risk of costly litigation.
“Using the science behind the human response to warnings and instructions, as well as case law addressing failure to warn claims, it is apparent that there is a fundamental soundness to designing direct, concise, and uncomplicated warnings,” the authors wrote. “Using this framework, this article explores the duties of manufacturers with respect to warning content, when warnings are required, and the potential dangers and impracticality associated with ‘over-warning.’”
To read the full article, please click here.