How to Avoid Product Liability Claims: Effective Risk Management Strategies
•Transferir como PPTX, PDF•
1 gostou•324 visualizações
Overview of PL Risks Burden of Proofs in Product Liability Claims How to Develop and Implement a Plan to Reduce Product Liability Risks How to Avoid Product Liability Claims Case Study from Claims in Thailand and Abroad
Recomendados
Mais conteúdo relacionado
Mais de LawPlus Ltd.
Mais de LawPlus Ltd. (20)
Último
Último (20)
How to Avoid Product Liability Claims: Effective Risk Management Strategies
- 1. LAWPLUS How to Avoid Product Liability Claims: Effective Risk Management Strategies KOWIT SOMWAIYA Managing Partner PRODUCT LIABILITI LAW, RISK & CRISIS PROACTIVE STRATEGIES & PREVENTIVE MEASURES OMEGA WORLDCLASS SHERATON GRANDE SUKHUMVIT HOTEL 27 NOVEMBER 2015
- 2. LAWPLUS 1 Presentation Topics • Overview of PL Risks • Burden of Proofs in Product Liability Claims • How to Develop and Implement a Plan to Reduce Product Liability Risks • How to Avoid Product Liability Claims • Case Study from Claims in Thailand and Abroad
- 3. LAWPLUS 2 Overview of PL Risks: Unsafe Products (1) • Defect in manufacturing - failure to conform to the original formula/process - use of flaw components - improper workmanship - contamination from components, at manufacturing process, during transportation, etc. • Defect in design - failure to confirm to the industry standard - improper formula/process - defective packing design
- 4. LAWPLUS 3 Overview of PL Risks: Unsafe Products (2) • Lack of Instruction on Consumption/Usage and Storage - Consumption quantity - Age, allergy and pregnancy of consumer - Storage temperature, refrigeration • Lack of Warning - no warning on potential danger or side effects - insufficient warning on potential danger or side effects - Insufficient information on ingredients/components
- 5. LAWPLUS 4 Overview of PL Risks: Who is liable? (3) “Business Operators” • manufacturer • importer • seller who cannot indentify the manufacturer or the importer • owner of the trademark • any person holding himself out as the manufacturer or the importer of the unsafe product
- 6. LAWPLUS 5 Overview of PL Risks: Injuries and Liabilities (4) Injuries from Unsafe Products • injury to life, body and health • injury to mind (mental anguish, anxiety, grief, humiliation or similar mental injury) • injury to property other than the unsafe product Liabilities of Business Operators • unsafe product caused injury to consumers • regardless of willful act or negligence (Strict Liabilities) • all business operators involved are liable jointly and severally • Actual damages, punitive damages
- 7. LAWPLUS 6 Burden of Proofs in Product Liability Claims • Person who can file a claim:- - consumers - the Consumer Protection Board - Associations or foundations for protection of consumers • Merely claim that the product caused injury. • Burden of proof is on the business operators (Strict Liability). • Must prove that:- - the product and its design, manufacture, ingredients and components are safe - injured person consumed the product knowingly that it was unsafe - injured person failed to comply with the instructions on consumption and storage and the warning on danger and side effects
- 8. LAWPLUS 7 How to Develop and Implement a Plan to Reduce Product Liability Risks (1) • Label of the products should state clearly on:- - manufacturer / importer - manufacturing date / expiry date - ingredients - details of the products - warning on possible damages (not in a form of limitation liability in all aspects) If they are in English, they should be translated into Thai. • Avoiding unreal advertisement (The advertisement should be based on the facts) • Controlling standard of the products • Fully comply with the applicable laws and regulations on manufacturing
- 9. LAWPLUS 8 How to Develop and Implement a Plan to Reduce Product Liability Risks (2) • Having proper storage of products before selling them to customers • Keeping records or reports of manufacturing so that they can be proved to the Court • Providing customer services or a call center for customers to report the defects of the products • Recalling the products immediately if they were found unsafe • Having an insurance with insurance companies
- 10. LAWPLUS 9 Disclaimer • The information provided in this newsletter is general in nature and may not apply to any specific situation. Specific advice should be sought before taking any action based on the information provided. Under no circumstances shall LawPlus Ltd. or any of its directors, partners and lawyers be liable for any direct or indirect, incidental or consequential loss or damage that results from the use of or the reliance upon the information contained in this newsletter. Copyright © 2016 LawPlus Ltd.
- 11. LAWPLUS Unit 1401, 14th Floor 990 Abdulrahim Place Rama IV Road, Bangkok 10500 Tel. +66 (0)2 636 0662 Fax+66 (0)2 636 0663 Room 517, Yangon International Hotel No. 330 Corner of Ahlone and Pyay Roads Dagon Township, Yangon, Myanmar Tel. +95 9 505 6667 Tel: +95 92 6111 7006 www.lawplusltd.com kowit.somwaiya@lawplusltd.com
Notas do Editor
- Frequently, presenters must deliver material of a technical nature to an audience unfamiliar with the topic or vocabulary. The material may be complex or heavy with detail. To present technical material effectively, use the following guidelines from Dale Carnegie Training®. Consider the amount of time available and prepare to organize your material. Narrow your topic. Divide your presentation into clear segments. Follow a logical progression. Maintain your focus throughout. Close the presentation with a summary, repetition of the key steps, or a logical conclusion. Keep your audience in mind at all times. For example, be sure data is clear and information is relevant. Keep the level of detail and vocabulary appropriate for the audience. Use visuals to support key points or steps. Keep alert to the needs of your listeners, and you will have a more receptive audience.
- Frequently, presenters must deliver material of a technical nature to an audience unfamiliar with the topic or vocabulary. The material may be complex or heavy with detail. To present technical material effectively, use the following guidelines from Dale Carnegie Training®. Consider the amount of time available and prepare to organize your material. Narrow your topic. Divide your presentation into clear segments. Follow a logical progression. Maintain your focus throughout. Close the presentation with a summary, repetition of the key steps, or a logical conclusion. Keep your audience in mind at all times. For example, be sure data is clear and information is relevant. Keep the level of detail and vocabulary appropriate for the audience. Use visuals to support key points or steps. Keep alert to the needs of your listeners, and you will have a more receptive audience.