Who reads warnings & labels anyway? A very interesting exercise during a hazard analysis is to determine how labeling should be implemented so that people have the best opportunity to see and read pertinent warnings. The Second Restatement of Torts, Comment (j) of section 402 states:
"Where warning is given, the seller may reasonably assume that it will be read and heeded; and a product bearing such a warning, which is safe for use if it is followed, is not in a defective condition, nor is it unreasonably dangerous."
Also remember that some countries require labeling to be translated to the prevailing language in the country. In Canada dual French/English language requirements exist.
Proper and correct instructions are equally as important as proper and correct warnings (operating, installation, handling, etc.).
- Only testing can validate safety. Build a testing scheme into the product13 so safety aspects, all features and reliability can be easily tested at the various stages in the development process.
- Instill a safety culture in the service & support environments as well as the design and production environments.
- Consider product liability insurance. The American legal system promotes safety by forcing manufacturers to carefully design, produce and create adequate warnings and instructions. If your product is marketed into a high liability market, such as drugs and medical devices, then insurance may be required.
13Product testing? Why? ...and How Much? ; The Realms of Testing during the life of a product
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©2004, Richard M. (Dick) Haney
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