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

SKU: LIT2500
Total Credits
2 - 3
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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

Lecturer Bios

Gerald Martin Goldhaber, Ph.D.

Dr. Gerald M. Goldhaber is President and CEO of Goldhaber Research Associates, LLC, founded in 1978 and celebrating 35 years as a full service consulting firm.

Dr. Goldhaber, a member of the Human Factors & Ergonomics Society, has given depositions and trial testimony as an expert witness in over 175 cases for numerous Fortune 500 companies and has published several articles and monographs on the subject of warning labels for such journals as Forensic Reports and The Journal of Products & Toxics Liability.

A nationally recognized expert in the fields of product liability, warning label design, evaluation, and applied research as it relates to trademark surveys, Dr. Goldhaber has defended the results of his surveys in state and federal courts, as well as critiquing and evaluating opposing surveys and opinions. GRA’s trademark litigation experience includes numerous top corporations and some of the largest law firms in the United States.

Jane B. Jacobs, Esq.

Jane is a litigator both for the labor and employment and communications law areas of the firm’s practice. In addition to litigating employment cases, Jane has represented the firm’s clients in collective bargaining, union organizing campaigns, and other union matters. Jane represents large Fortune 500 companies as well as smaller companies. She appears before the NLRB, EEOC, and in federal and state courts and administrative agencies.

Jane’s internet marketing litigation practice includes appearances before federal and state courts, the Federal Communications Commission, the Federal Trade Commission, and the New York State Public Service Commission.

As the firm’s litigation partner, Jane believes that the first phases of a case set the tone for the litigation and works to put her clients in a position of power and control from the outset. She works to control the pace and flow of the case to the client’s advantage. Jane brings to the table a genuine interest and curiosity about her clients’ business operations.

Jane teaches seminars on labor law and the Americans with Disabilities Act in the Extension Program of the New York State School of Labor and Industrial Relations (Cornell). Jane also has lectured extensively about internet marketing regulation.

Jane is admitted to practice in New York, before the U.S. Supreme Court, U.S. District Court, Southern, Eastern and Northern Districts of New York, and the U.S. Court of Appeals, First and Second Circuits.

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