Product Warnings and Instructions
Contents
1. and provide a clear course of action Danger Risk of Electric Shock Do Not Use Near Water is more effective than Since this product uses electricity it is inadvisable to use this product whenever water is present Consistent with product use and with other warnings The warning must be both practical and consistent Safe use of the product should not make it impossible to use the product effectively Warning users to Disconnect all power before servicing adjusting or calibrating this device would have no value if the user could show that power was necessary to adjust or calibrate the device effectively Warnings that caution against some action or use in one part of the manual but then permit that same or similar use elsewhere in written documentation are often proven worthless after a loss has occurred Repeated several times Repeating warnings on the product on the carrying case on the packaging and in all instructions and manuals helps prove that users could not have avoided seeing at least one warning Designed to protect the user not the manufacturer Warnings must support safe use of the product A warning on holiday tree lights that states Danger Electrocution Hazard Do not use this product where children may be present is impractical given their intended use Not only would juries see though this thinly veiled attempt at self protection but the warning itself might2. ers have a responsibility to produce a product that is free from defects suitable for its intended purpose and adequately controls hazards that the product might present to the user Warnings can never be considered a substitute for this responsibility Manufacturers who have attempted to use warnings to compensate for inadequate design have found out often in court that warnings will not protect them from liability Manufacturers also have a responsibility to foresee risks from ordinary use carelessness unintended use and even deliberate misuse of their product Whenever possible these risks should be eliminated though improved design or by adding protections that guard against hazards that could be created by unintended use or misuse Although warnings can be very helpful in these situations manufacturers must still show that they took reasonable steps to design or guard against the risk If manufacturers could have designed the product in a way to prevent an injury even from foreseeable unintended use carelessness or misuse they will most likely be held at least partially liable even if warnings were effectively presented Once manufacturers have taken all reasonable steps to control product hazards and anticipate even deliberate misuse the next step is to develop warnings and instructions that help protect the manufacturer and user WHEN WARNINGS ARE NEEDED Warnings are essential when The product presents some hazard or
3. feature story lt O O N of LU Z A O gt pa 8 PRODUCT WARNINGS AND INSTRUCTIONS AS CONSUMERS WE RE SOMETIMES SURPRISED OR EVEN FRUSTRATED BY THE EXTENSIVE WARNING LABELS WE FIND ON PRODUCTS AND THE CAUTIONS THAT FILL UP INSTRUCTION MANUALS GUARDING US AGAINST SITUATIONS THAT SOMETIMES SEEM REMOTE AT BEST WHEN THEY RE DONE WELL HOW THESE MATERIALS GUIDE US CLEARLY THROUGH PRODUCT INSTALLATION PROPER AND SAFE OPERATION AND MAINTENANCE AND PROVIDE VALUABLE WARNINGS AGAINST POTENTIAL RISKS WHEN THEY RE NOT MANUFACTURERS MAY FIND THAT THEY CAN BE HELD GIABLE FOR CARELESS OR LLEeADVISED ACTIONS BY THE CONSUMER AND POTENTIALLY FOR DELIBERATE MISUSE How to Win How TO LOSE Harlan T Manning gt P S2 C pial jam cS gt For manufacturers of all kinds and sizes product warnings and instructions are critical components of a solid product liability program When properly presented they can be exceptionally effective in preventing losses defending against claims or substantially reducing claims settlement costs and jury awards But to accomplish these objectives they must be crafted using best practices some of which are based on established standards others on case law or court decisions that have helped define requirements for effective warnings to users WHEN WARNINGS WORK AND WHEN THEY DON T Manufactur
4. gainst foresee able misuse or misapplication Procedures to be followed for handling storing installing operating inspecting maintaining and servicing the product e Clear and detailed warnings for each potential risk presented by the product These should be included in the safety information at the front of the instruction manual then repeated each and every time the risk may be present If the product is a lawnmower for example a warning against placing hands into the catcher opening should be men tioned as a minimum at the beginning of the manual and when discussing attachment or removal of the grass catcher clearing of jams maintenance and even normal operation 1 LESSON 1 WINNING WITH MULTIPLE WARNINGS gt a gt aa cS a gt 2 LESSON 2 LOSING WITH INCOMPLETE CONTRADICTORY INFORMATION 2 LibertyDirections gt WINTER 2004 feature story O O N of Z A O Q gt pa l 12 To be most effective warnings should be Clear A manufacturer should consider the characteristics of expected users and develop warnings suitable for them Considerations include age language literacy technical knowledge and possible disabilities Action oriented Warnings should give clear direction They should identify the hazard explain the conse quences if warnings are not heeded
5. raise suspicions that the manufacturer knew all along that the product posed an excessive hazard Consistent with laws standards and competitive practices Warnings should meet all applicable laws and consensus standards and be consistent with industry and competitor s practices If similar products contain more effective warnings your product could be considered deficient Practiced by sales marketing and service groups When sales and marketing representatives or service technicians violate or ignore safe product use or exaggerate the capabilities of the product their actions can jeopardize the value of any warnings in court Product brochures literature or even live demonstrations that show unsafe practices have been effectively used as evidence that the manufacturer did not consider the risk to be real or as significant as the written warning indicated e Commensurate with risk The American National Standards Institute has developed a three level hierarchy of hazards ANSI Z535 1 through Z535 4 shown in the chart below in descending order of risk and intensity And finally effective warnings e Address all industry association state and federal requirements Are presented wherever needed e Attract attention Inform users of the nature and gravity of risks e Tell and show pictographs users how to avoid risks e Motivate change in the users behavior A DANGE Product
6. risk of injury or property damage The risk can be inherent to the product itself such as ladders or chainsaws or associated with limited risk products that can be subject to misuse such as power tools or hair dryers LibertyDirections gt WINTER 2004 O gt S2 C cS gt t LibertyDirections gt WINTER 2004 e The manufacturer is aware of the risk the potential for risk or could have foreseen that a risk could exist Here the courts view the manufacturer as an expert and give broad latitude to plaintiffs when defining what the manufacturer could have foreseen Companies who justify excluding a warning based on the logic that no one in their right mind would ever should probably reconsider their decision The risk is not so obvious to the user that the user would be expected to guard or protect against it Products such as matches knives and razor blades feature very obvious hazards Yet there s nothing about a television set that tells the user there s dangerously high voltage inside There is risk of injury or property damage from foreseeable use or misuse even with additional safety protection in place Protecting a user from dangerous machinery by using a guard is an effective safety control But a manufacturer s responsibility doesn t stop there The presence of a guard is no guarantee that the user wont remove it Since
7. that misuse is foreseeable the manufacturer must provide adequate warnings clearly visible to the user against removing the guard or operating the equipment with the guard removed THE VALUE OF INSTRUCTIONS Instructions like product warnings are a critical part of a product risk management process Sound complete and accurate advice whether in the form of a users manual a setup guide or a service or mainte nance handbook will help guide the user or service technician toward proper safe procedures Instructions also present the manufacturer with one more opportunity to warn the user about product risks unsafe acts improper application misuse or unsafe operation GUIDELINES ON INSTRUCTIONS AND WARNINGS Instructions should be clear understandable complete correct and consistent Consistency is perhaps the most difficult quality to achieve Each piece of written documentation from user s manuals to maintenance bulletins should be consistent with each other Each should be consistent with actual product design performance and risks Instructions should always be consistent with the complexity of operation or maintenance and they must be consistent with warnings presented in documentation and on the product containers and packaging Instructions should feature e An introduction containing detailed safety information e A description of the product and its intended use along with warnings a
8. tyDirections gt WINTER 2004 oO
9. warnings are effective tools to help direct safe use of a product and caution users against unsafe practices 4 misapplication of the product and even intentional misuse THS However to be effective they must be part of a sound product 7 Pali liability program which a includes safe product design k effective guards and physical protections against product hazards Consistent well worded warnings combined with equally effective instructions that are clearly presented impossible to avoid and direct the user toward safe action offer tremendous value Harlan Manning is ak Technical Director of Loss Prevention Business ot Market Liberty Mutual Valley Forge Pennsylvania yo tse White lettering on a background White triangle with Indicates an imminent hazard which a exclamation point if not avoided will result in death or serious injury Black triangle with Black lettering Indicates a potential hazard or unsafe orange background orange exclamation point practice which if not avoided could result in death or serious injury Black triangle with Black lettering Indicates a potential hazard or unsafe a yellow background a yellow exclamation point practice which if not avoided could result in minor or moderate personal injury or product or property damage 2 lt S2 C cO C t Liber
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