Litigating a Failure to Warn Claim in a Products Liability and Personal Injury Case

SKU: LIT2500

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About This Course

The vast majority of product liability and/or personal injury lawsuits in the United States include a failure to warn claim. This CLE course, led by author and internationally acclaimed expert Dr. Gerald Goldhaber, will present a brief history of warnings as they’ve evolved from the turn of the 20th century until today, including codes, standards, regulations and best practices in developing and evaluating warnings and safety communications. Dr. Goldhaber will present a general strategy and outline that companies may use to determine if they need product warnings and his 3-phase process for their development and evaluation/testing. The course will conclude with relevant case law and, employing a guest attorney, a general strategy for litigating a failure to warn case, using examples from relevant cases.

The course will also include:

  • Major Codes and Standards (from ANSI, ASTM, etc.) governing warnings (and the organizations behind them)
  • Primary Government Agencies' (e.g., CPSC, NHTSA, FDA, etc.) regulations governing warnings and product labeling, including the two exceptions that pre-empt changes to the government regulations
  • Research Findings Related to the Impact of Warnings on Human Behavior
  • Landmark judicial decisions affecting warnings
  • How and When to Present the Warnings Expert in a Trial

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