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November 2, 2021

Foreseeability: A Critical Analysis in Minimizing Pre-Sale and Post-Sale Liability

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The law requires manufacturers to anticipate foreseeable uses and risks when designing products and providing warnings and instructions. In addition to foreseeable uses, manufacturers must also predict future conduct by users and consider what conduct constitutes foreseeable misuse.

But how far must a manufacturer go to anticipate unintended but foreseeable misuses of a product? How does a manufacturer make this determination while designing the product? What do courts regard as a foreseeable misuse, and what must a manufacturer do about it? Does an unforeseeable misuse become a foreseeable misuse if, after a product’s sale, it comes to light that some people have actually misused the product?

Click here to continue reading the article by Kenneth Ross which was featured in the November 2021 issue of In Compliance


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