Author: J. Wilson McCallister

Publisher:

Published: 2005

Total Pages: 320

ISBN-13: 9781596223912

In today's litigation environment manufacturers must systematically manage their product liability risks. This requires that product managers and corporate decision-makers take as much interest in managing the company's product liability as they do in their initiatives to increase shareholder value. They simply cannot sit back and criticize the system while relying on past practices and antiquated legal principles. That's a recipe for disaster. Corporate executives must understand that shareholder value means little if the company is forced into bankruptcy by product litigation. Society today demands more from manufacturers than it did just a few decades ago. A systematic approach to managing product liability risks, therefore, begins with an appreciation of the legal principles under which products are judged, and an acceptance of the fact that the rules will continue to change to meet consumer expectations. Corporate managers cannot be surprised by the civil justice system. They must understand the system and design and distribute products that conform to its requirements. In this book the authors provide corporate managers with a comprehensive look at current and developing trends in product liability law and offers practical suggestions on how to minimize the risks of litigation as product liability law continues to expand. Co-authored by David H. Canter, Partner, Harrington Foxx Dubrow & Canter Llp, and J. Wilson McCallister, this book provides unique insight into the exposure of a corporation to product liability litigation and offers the benefit of the authors' experience to managing this risk. This book offers unique insights from in-house to outside counsel, producing advice that is workable from both sides of the practice. J. Wilson McCallister was with Deere & Company in its law department for 25 years. As Associate General Counsel, he managed Deere's product litigation, early dispute resolution program and special litigation throughout the United States. David Canter, a senior partner at the Los Angeles firm of Harrington, Foxx, Dubrow & Canter has defended corporations in products liability litigation for 40 years. He has defended corporations in litigation in 17 state and federal courts and thus has gained wide nationwide experience. Chapters include: 1.) Product Liability: The Legal Context and Trends2.) A Systematic Approach to Managing Product Liability Exposure and Litigation3.) A First Step: Designing to Reduce Product Accidents and Injuries4.) The Importance of Proper Selection and Use of Expert Witnesses5.) Striving To Be the Best Pays Off6.) The Effective Use of Legal Counsel7.) Early Claims Resolution Makes Sense: A Strategy8.) Alternate Dispute Resolution is Cost Effective: A Strategy9.) Document Retention Policy: How to Stay Out of Trouble with the Courts and Juries10.) The Trial: It's Non-Controllable Risks and Possible Wins and Losses