Product Liability in the U.S.

Product liability is the leading cause of lawsuits in the U.S. A European company that sells its products in the United States is subject to the American Product Liability Law if it is deemed the “manufacturer.” If a product consists of several components, every individual supplier is considered a manufacturer. This product liability is determined irrespective of how the product came into the country and who sold it. The economic effects of a claim for damages can be serious. Prevention is therefore a top priority. The European company has a series of options at its disposal for reducing the risk of product liability by up to 90%. The focus of prevention measures under product liability law is avoidance of ‘failure to warn’ claims, i.e. claims that the user was not sufficiently warned of the dangers or instructed in how to use the product.

Operating manuals according to U.S. Standard

Almost all European operating manuals are too technical and too short for the U.S. Product operating manuals and warnings, brochures, advertising material, and websites should therefore be adapted to current U.S. standards for product liability. This is covered by placing warnings on the product itself and in the documentation. The firm is the leader in product liability and around 30% of its work is in this area. Our specialist lawyers check the existing documents and comment on them page-by-page in the form of a memo, adding any necessary warning notices, disclaimers, copyright notices, etc. We also point out what might be missing in the documents and comment on all other relevant points, including the technical terminology and the warning notices on the machines and packaging.