Product Liability/Mass Tort

Preventive Measures and Risk Management Strategies

Nilan Johnson Lewis attorneys have deep expertise in working with clients to implement preventative measures and risk management strategies that reduce litigation, including areas involving:

Design, Manufacturing, and Compliance
Product Warnings and Instructions
Sales and Marketing
Vendor Management
Document Control
Field Management
Post-Sale Management

Design, Manufacturing, and Compliance

  • Coordinate and conduct in-house training of engineers and technicians
  • Develop product safety committees and policies
  • Develop certification testing documents and annual test reports
  • Draft recall policies and procedures
  • Ensure compliance with the Consumer Product Safety Commission (CPSC)
  • Provide counseling on compliance with state and federal rules and regulations

Product Warnings and Instructions

  • Develop warning systems, including operator’s manuals and on-product warnings
  • Evaluate product warranty language, warnings, instructions for use, and product labeling

Sales and Marketing

  • Develop point-of-sale materials
  • Evaluate brochures/promotional materials/radio and television advertisements to ensure compliance with state and federal rules and regulations
  • Ensure sales and marketing initiatives comply with client’s overall product safety policies

Vendor Management

  • Establish systems for sourcing qualified vendors
  • Draft and review vendor contracts
  • Develop dealer training materials

Document Control

  • Develop document control systems, including electronic records to protect confidentiality, storage, and retrieval
  • Provide counseling on product and component part testing, certification, and record retention requirements in compliance with the CPSIA and industry-leading product safety policies

Field Management

  • Establish strategies for training of field service technicians involved in post-sale activities like installation and repairs to effectively capture customer complaints and reactions to products
  • Develop field monitoring systems as a central source to receive and review post-sale user experience, including customer complaints, incidents, accidents, claims, and service and warranty repairs

Post-Sale Management

  • Ensure compliance with any regulatory mandate for post-sale monitoring and reporting requirements
  • Implement recalls and other product upgrade programs
  • Develop product safety bulletins
  • Represent product manufacturers before industry groups
  • Represent clients in CPSC civil penalty investigations and requests for information related to recalls
  • Associated Professionals

612.305.7693

Sheila T. Kerwin

Sheila T. Kerwin

Shareholder

612.305.7515

Christy M. Mennen

Christy M. Mennen

Shareholder

612.305.7520

612.305.7721

612.305.7710

Erik T. Salveson

Erik T. Salveson

Shareholder

612.305.7536

John J. Wackman

John J. Wackman

Shareholder

612.305.7659

David J. Warden

David J. Warden

Associate

612.305.7706