Product Safety and Liability

With the making, importing, distributing or selling of products, comes certain safety and liability responsibilities and risks. Many products, such as foods, drugs, cosmetics, chemicals, automotive parts and building components, are heavily regulated by government agencies, such as the Food and Drug Administration (“FDA”) or Consumer Product Safety Commission (“CPSC”). In any event, these and many other products are subject to industry standards and codes and other requirements. Regardless of regulatory or industry guidelines, businesses should be aware of the state of the art in their markets. In addition, U.S. laws may impose strict liability for damages and corrective measures arising from products with design, manufacturing, warning or other defects. Accordingly, we help guide businesses through product safety and product liability concerns.

Regulatory Compliance. Depending upon the product, there may be a variety of applicable legal requirements. For example, the maker or seller may need to file registrations, follow certain manufacturing practices, meet certain technical and labeling specifications and report various events to governmental authorities. We can identify relevant legal requirements and coordinate compliance efforts.

Risk Management. In addition to understanding any applicable regulatory requirements, there are a great many other elements of a systematic program to managing product safety and product liability risk. A program may include, among other things, supplier quality assurance, supplier indemnification term, hazard assessment, incident investigation practices and insurance measures. We assist clients in developing an appropriate risk management approach.

Recall and Retrofit Measures. If and when a substantive defect or risk is identified, or unfortunately customers or others are injured, then careful analysis and responsive action is essential. For instance, it may be necessary to report certain events to regulators, such as the CPSC, and respond to public news reports. In addition, a voluntary or mandatory recall or retrofit program may be needed. We advise clients in all aspects of responding to situations of concern.

The attorneys and lawyers of Jeremy A. Gibson & Associates, P.C. are experienced in handling product safety and product liability matters throughout the United States, including the Chicago, Illinois area. When necessary we can arrange for appropriate investigators and consultants to assist with your project. Please see our Experience page or contact us.