Product Liability Prevention

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Selected PLP Articles Authored by Kenneth Ross  

All articles by Ken Ross in In Compliance Magazine can be accessed at 

https://incompliancemag.com/author/kennethross/     

                        

Warnings and Instructions

  1. "Revised Safety Label Standards Create Opportunity and Risk," Product Liability Committee Newsletter, Defense Research Institute, Inc., January 2005 [read]
  2. "More Guidance for Warnings and Instructions," For the Defense, Defense Research Institute, Inc., December 2005 [read]
  3. "Danger! The Legal Duty to Warn and Instruct," Risk Management Magazine, March 2007 [read]
  4. "The Duty to Warn Illiterate and Non-English-Reading Product Users," In-house Defense Quarterly, Defense Research Institute, Inc., Winter 2008 [read]
  5. "Location of Warnings: On Product or in the Manual?" Product Liability Committee Newsletter, Defense Research Institute, Inc., Summer 2008 [read]
  6. "Warnings and Instructions: Updated U.S. Standards and Global Requirements" Product Liability Committee Newsletter, Defense Research Institute, Inc., Fall 2011 [read]
  7. “Duty to Warn – U.S. Standards on Warnings and Instructions are Updated,”  NEMA electroindustry, May 2012 [read]
  8. “Multilingual Warnings and Instructions: An Update,” Product Liability Committee Newsletter, Defense Research Institute, Inc., October 2012 [read]
  9. “Product Liability Compendium: Warnings, Instructions and Recalls” (editor-in-chief), Defense Research Institute, Inc., November 2012, [see] 
  10. “Warnings and Instructions:  Answers to Some of My Favorite FAQs,” For the Defense, Defense Research Institute, Inc., November 2012 [read]
  11. “Answers to Some of My Favorite Warnings FAQs, Part 2,”  Product Liability Committee Newsletter, Defense Research Institute, Inc., December 31, 2012 [read]
  12. "Product Liability Prevention:  How to create good product instructions and why is it so hard?," Product Liability Committee Newsletter, Defense Research Institute, Inc., November 2, 2014 [read]
  13. "The Role of Product Instructions in Product Liability Prevention: Why It's Hard to Create Good Instructions, and What to Do about it," In Compliance, May 2015 [read]
  14. "Product Safety Warnings and Instructions, Some Answers to the Most Frequently Asked Questions," In Compliance, May 2016 [read]
  15. "The Risk of Overwarning," In-House Defense Quarterly, Defense Research Institute, Inc., Spring 2019 [read]
  16. "Is There a Risk to Overwarning," In Compliance, September 2019 [read] or [read]
  17. "Location of Safety Warnings: On the Product or in the Manual," In Compliance, February 2021 [read]
  18. "Duty to Warn Non-English Speaking and Reading Product Users," In Compliance, October 2022 [read]
  19. "The Duty to Warn: Do Warnings Make Products Safe," In Compliance, November 2023 [read]

Post-sale Duties, Including Recalls

  1. "Avoiding Future Problems: The Increased Duty to Take Post-Sale Remedial Action," For the Defense, Defense Research Institute, Inc., April 2002 [read]
  2. "Adequate and Reasonable Product Recalls," For the Defense, Defense Research Institute, Inc., October 2003 [read]
  3. "Analyzing Manufacturers’ Duties with Respect to Post-Sale Safety Improvements," Product Liability Law & Strategy, December 2003
  4. "Post-Sale Duty to Warn Monograph," General Editor and Contributor to monograph published by the American Bar Association, February 2004 [read]
  5. "Keep Aware of Product Safety Reporting Requirements," Product Liability Law & Strategy, April 2006
    [read]
  6. "Post-sale Duties: A Minefield for Manufacturers," (with George W. Soule), In-House Defense Quarterly, Defense Research Institute, Inc., Fall 2006 [read]
  7. "Post-Sale Duties: How to Decide When the Duty Arises," Product Liability Committee Newsletter, Defense Research Institute, Inc., April 2008 [read]
  8. "Analyzing Safety Before and After Sale,"  In-House Defense Quarterly, Defense Research Institute, Inc., Summer 2008 [read]
  9. "Product Recalls: Be Prepared," Inside Supply Management (ISM), December 2008 [read]
  10. "The Most Expansive Theory in Products Liability," Brooklyn Law Review (co-authored with Professor J. David Prince), Volume 74:3, pages 963-986 (2009) [read]
  11. "Recall Effectiveness:  A Hot Topic," Product Liability Committee Newsletter, Defense Research Institute, Inc., November 2009 [read]
  12. "Protect Yourself from a Recall,"Inside Supply Management (ISM), January 2010 [read]
  13. "Regulatory Reform Runs Rampant," Product Liability Committee Newsletter, Defense Research Institute, Inc., February 2010 [read] 
  14. "World-wide Government Safety Reporting Requirements: A Comparison," Product Liability Committee Newsletter, Defense Research Institute, Inc., Fall 2010 [read]
  15. "The New CPSC Database as Part of an Adequate Post-sale Informaton Gathering Program," Product Safety Letter, March 23, 2011 [read]
  16. "Recall:  A Difficult Decision,"  DRI Today, Defense Research Institute, Inc., May 19, 2011 [read]
  17. "New Safety Laws May Result in Significant New Liability," In-House Defense Quarterly, Defense Research Institute, Inc., Fall 2011 [read]
  18. "How to Prepare for Possible Recalls," In Compliance, November 2011 [read]"
  19. "Recall Implementation and Effectiveness:  New Guides and Standards," Product Liability Committee Newsletter, Defense Research Institute, Inc., Spring 2012 [read]
  20. “Product Liability Compendium: Warnings, Instructions and Recalls” (editor-in-chief), Defense Research Institute, Inc., November 2012, [see] 
  21. “Recall Effectiveness:  An Update,” Product Liability Committee Newsletter, Defense Research Institute, Inc., March 28, 2013 [read]
  22. “Product Recalls – A Potential Corporate Tragedy,” In-House Defense Quarterly, Defense Research Institute, Inc., Spring 2013 [read]
  23. "CPSC Considering New Rules with Big Impact on Recalls and Compliance Programs," Product Liability Committee Newsletter, Defense Research Institute, Inc., March 2014 [read]
  24. "Recall Planning and Administration: Legal and Practical Requirements for Recalls," Course materials for Product Liability Committee Annual Meeting, Defense Research Institute, Inc., April 2014 [read]
  25. "Improving Recall Effectiveness for Medical Devices," Medmarc Insurance Company newsletter, April 2014 [read]
  26. "Post-sale Safety Improvements - Good Idea?," Product Liability Committee Newsletter, Defense Research Institute, Inc., August 2015 [read]
  27. "Preparing for and Implementing Product Recalls," In Compliance, October 2017 [read]
  28. "Post-Sale Duty to Warn:  The Most Expansive Duty in Product Liability," For the Defense, Defense Research Institute, Inc., January 2019 [read]
  29. "The Risk of Post-sale Safety Improvements," In Compliance, May 2020 [read]
  30. "Preparing for and Implementing Product Recalls in 2022," In Compliance, July 2022 [read] or [read]
  31. "CPSC Gets Aggressive About Failure to Report," In Compliance, May 2023 [read]
  32. "Creating an Effective and Defensible Product Recall," In Compliance, February 2024 [read]

Other

  1. "The Importance of a Proactive Document Management System," For the Defense, Defense Research Institute, Inc., October 1999 [read]
  2. "Risk Assessment and Product Liability," (with Bruce Main), For the Defense, Defense Research Institute, Inc., April 2001 [read]
  3. "Establishing an Effective Product Safety Management Program," For the Defense, Defense Research Institute, Inc., January 2003 [read]
  4. "Minimizing Risk When Buying or Selling a Business," Risk Management Magazine, January 2006 [read]
  5. "Product Liability Goes Global," Risk Management Magazine, February 2006 [read]
  6. "Product Liability for Foreign Products – A PLP Primer," Product Liability Committee Newsletter, Defense Research Institute, Inc., July 2007 [read]
  7. "A Lawyer's Role in Product Liability Prevention," In-House Litigator, American Bar Association, Section of Litigation, Summer 2007 [read]
  8. "Manufacturer versus Component Part and Raw Material Suppliers: How to Prevent Liability," Product Liability Committee Newsletter, Defense Research Institute, Inc., January 2008 [read]
  9. "The Consumer Product Safety Improvement Act of 2008 and its Effect on Product Liability Litigation," original appeared in Product Liability Committee Newsletter, Defense Research Institute, Inc., October 2008.  Has been updated as of January 7, 2009 [read]
  10. "PLP: Even More Important in Tough Economic Times," Product Liability Committee Newsletter, Defense Research Institute, Inc., Winter 2009 [read]
  11. "Foreseeability: A Critical Analysis in Minimizing Pre-sale and Post-sale Liability," Product Liability Committee Newsletter, Defense Rearch Institute, Inc., Spring 2009 [read]
  12. "Is There Anything Optional About Safety," Product Liability Committee Newsletter, Defense Research Institute, Inc., Summer 2009 [read]
  13. "United States chapter in Product Liability in the Asia-Pacific," Federation Press, Australia, December 2009  [read]
  14. "Product Safety Management - Its Time Has Come,"  Product Liability Committee Newsletter, Defense Research Institute, Inc., Spring 2010 [read]
  15. "Practicing Preventive Law," The Voice, Defense Research Institute, Inc., July 7, 2010 [read]
  16. "Product Liability Risk Management," The Hennepin Lawyer, August 2010 [read]
  17. "Crisis Prevention, Preparation and Management," Product Liability Committee Newsletter, Defense Research Institute, Inc., September 2010 [read]
  18. "Compliance with Product Safety Standards as a Defense to Product Liability Litigation," In Compliance, October 2010 [read]
  19. "Marketing Defects: Liability for What You Say and What You Don't Say," In-House Defense Quarterly, Defense Research Institute, Inc., Fall 2010 [read]
  20. "Proactive Document Management," For the Defense, Defense Research Institute, Inc., March 2011 [read]
  21. "New International Standard on Consumer Product Safety,"  Product Liability Committee Newsletter, Defense Research Institute, Inc., Summer 2011 [read]
  22. “Product Liability is the Most Interesting Area of Law,” The Voice, Defense Research Institute, October 2012 [read]
  23. “I’m From the Government and I’m Here to Help – CPSC Gets “Helpful”,” Product Liability Committee Newsletter, Defense Research Institute, Inc., Summer 2013 [read]
  24. "Liability for Marketing Communications," Claims Journal, June 20, 2013 [read]
  25. "The Intersection of Product Liability and Regulatory Compliance," Product Liability Committee Newsletter, Defense Research Institute, Inc., November 2013 [read]
  26. "CPSC Mandates Safety Programs for Manufacturers and Retailers - An Update," Product Liability Committee Newsletter, Defense Research Institute, Inc., December 2013 [read]
  27. "Product Liability Litigation:  The Effect of Product Safety Regulatory Compliance," In-House Defense Quarterly, Defense Research Institute, Inc., January 2014 [read]
  28. "Substantial Modification Defense:  New Caselaw and its Implications," Product Liability Committee Newsletter, Defense Research Institute, Inc., May 2014 [read]
  29. "I'm From the Government and I'm Here to Help - CPSC Mandates Safety Programs for Manufacturers and Retailers," In-House Defense Quarterly, Defense Research Institute, Inc., August 2014 [read]
  30. "The Effect of Product Liability Litigation on CPSC Regulatory Compliance,"  Claims Journal, August 12, 2014 [read]
  31. "Effect of OSHA and Worker's Compensation Laws on Product Liability Counseling and Defense," Product Liability Committee Newsletter, Defense Research Institute, Inc., August 2014 [read]
  32. CPSC Mandates Safety Programs for Manufacturers and Retailers: The History Behind the CPSC's Action," In Compliance, 2015 [read]
  33. "When Does an Industrial Product become a Consumer Product," Product Liability Committee Newsletter, Defense Research Institute, Inc., April 2015 [read]
  34. "The Safety Hierarchy," Product Liability Committee Newsletter, Defense Research Institute, Inc., May 2015 [read]
  35. "Product Liability Prevention: Contracts 101 for Product Liability Defense Lawyers," Product Liability Committee Newsletter, Defense Research Institute, Inc., November 2015 [read]
  36. "Product Liability and the Effect of OSHA and Worker's Compensation Laws," For the Defense, Defense Research Institute, Inc., November 2015 (with Gregory Dale) [read]
  37. Can Social Media Help Satisfy the Manufacturer's Pre-sale and Post-sale Duty to Warn," Defense Research Institute, Inc., Annual Meeting, October 2016 [read]
  38. "When Does an Industrial Product become a Consumer Product," In Compliance, January 2017 [read]
  39. "Can Social Media Help Satisfy the Manufacturer's Pre- and Post-sale Duties," In Compliance, May 2017 [read]
  40. "Product liability and product safety in the United States," (with Ted Dorenkamp) Thomson Reuters Practical Law, May 2018 [read][For worldwide guide, click here]
  41. "Twenty-First Century Document Management," In Compliance, May 2018 [read]
  42. "Analyzing Risk Before and After Sale," In Compliance, September 2018 [read]
  43. "Best Practices in Product Safety Management," In Compliance, December 2018 [read]
  44. "Preventing Liability for Component Part Suppliers and Their OEMs," In Compliance, May 2019 [read] or [read]
  45. "Technology Developments and the Risk of Product Liability," In Compliance, November 2019 [read] or [read]
  46. "Contracts That Help or Hurt: What Every Engineer Should Know," In Compliance, February 2020 [read] or [read]
  47. "Information Management for Product Safety and Product Liability," Appliance Report, May 2020 [read]
  48. "The Risk of Post-Sale Safety Improvements," In Compliance, May 2020 [read]
  49. "Product Liability Litigation and its Effect on Product Safety Regulatory Compliance," In Compliance, August 2020 [read]
  50. "Product Liability Marketing Defects," In Compliance, December 2020 [read]
  51. "An Unhappy Relationship: Product Safety Regulatory Compliance and Product Liability Litigation," In-House Defense Quarterly, Defense Research Institute, Winter 2021[read]
  52. "The Risks of Optional Safety," In Compliance, May 2021[read]
  53. "The Effect of Standards on Safety and Product Liability Litigation," In Compliance, August 2021 [read]
  54. Foreseeability: A Critical Analysis in Minimizing Pre-sale and Post-sale Liability," In Compliance, November 2021 [read]
  55. "Navigating the Safety Hierarchy," In Compliance, January 2022 [read]
  56. "Safety Programs and CPSC Mandates," In Compliance, May 2022  [read]
  57. "Product Liability Law and Its Effect on Product Safety - Does the Law Provide Useful Guidance?," In Compliance, February 2023 [read]
  58. "The Legal Perils of Customer Service," In Compliance, August 2023 [read]
  59. "How Manufacturers and Retailers can Collaborate to Provide Quality Products and Conduct Effective Recalls," In Compliance, May 2024 [read]

Medical Devices

  • Medmarc Product Liability 360 (13 articles on product liability and product safety for medical device manufacturers), 2012 - 2013 [read]

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