Checklist: Assessing Product Failure



Employers are legally responsible for ensuring that they do not expose (or allow employees to be exposed) to an unreasonable risk to their health and safety.
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.
Expert witnesses assist the Court by providing independent and impartial opinions on complex issues, with their primary duty being to the Court. Effective engagement of expert witnesses involves selecting the right expert, briefing them clearly with a detailed Letter of Instruction (LOI), adhering to the Expert Witness Code of Conduct, and preparing thoroughly for court, including site inspections and expert conclaves if necessary.