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Checklist For Product Risk

Here are a few items a company may be called upon to defend when a product's safety is at issue

Documentation of design choices/safer alternative designs

Ability of internal research and development to withstand scrutiny

Steps taken to ensure supply chain integrity

Reliability of component part manufacturers

Manufacturing quality controls on a global basis

Foreseeable misuse of the product

Product warranties/indemnities

Marketing and distribution procedures

Ability to track and recall a product

Is there proposed or pending federal or state legislation which could impact the company?

Risk of counterfeit products/tampering

Internal document management, including e-mails

What strategic communications/crisis managements systems are in place?

Arvin Maskin is a partner in the law firm of Weil, Gotshal Manges, and is co-chair of the firm's Products Liability Mass Tort Practice Group.

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