Checklist: Assessing Product Failure

To prevent injuries or deaths caused by product failures, consumer items must undergo thorough design and verification processes that account for human factors, including user characteristics and environmental conditions. When a product fails, it is crucial to investigate the failure from perspectives such as the product itself, user interactions, usage methods, and environmental conditions to determine liability and prevent future occurrences.
A Letter of Instruction (LOI) is a formal document given to an expert, outlining the facts, issues, and questions needed for their opinion on a case. To ensure clarity and avoid issues, solicitors should consult with the expert before finalizing the LOI, include only relevant documents, adhere to the Expert Witness Code of Conduct, and specify timelines and fees.
An expansion of existing OHS legislation, the new laws criminalise negligence on the part of a Person Conducting a Business or Undertaking (PCBU) resulting in workplace death.