Companies that are prepared for a product recall ahead of time are able to respond more effectively and efficiently and thereby greatly reduce the risks associated with a product recall and the potential product liability exposure that inevitably results.

Product Safety Services

Leveraging years of experience handling product liability lawsuits, Tarpey Wix offers clients advice from a legal perspective designed to reduce their potential product liability and recall exposure by:

• Analyzing products from a legal perspective to identify potential design issues that could result in a design defect claim
• Assessing product warnings, packaging, labels, instructions for use, manuals and directions to identify potential failure to adequately warn claims
• Reviewing the manufacturing process to identify potential areas of concern that could lead to manufacturing defects
• Developing adequate product testing procedures to ensure proper quality assurance and control
• Assessing or drafting of all contracts related to the manufacture and sale of products

Customized Product Safety and Compliance Program

One of the unique services offered by Tarpey Wix is our “Product Safety and Compliance Program.” As part of our program, we offer a comprehensive analysis of our clients’ business operations designed to identify issues that could result in potential product recall or product liability exposure. We work closely with our clients to design a customized program that fits the particular needs of the client, and we agree ahead of time on reasonable fees for those services. Although every program is different depending on the needs of the client, our services include an analysis of:

• Potential safety hazards or risks associated with the product(s) involved
• Product design and evaluation processes
• Consumer complaints, claims, incident reports and warranty returns to determine any patterns that could indicate a potential area of concern
• Internal claims handling processes, including the roles of the individuals involved to ensure that potential issues are properly identified and handled
• Prior product liability lawsuits to identify prior claims by plaintiffs that can be addressed to prevent similar claims in the future
• Relevant case law and appellate decisions that may impact the business
• Applicable government regulatory rules and regulations to ensure compliance
• Applicable voluntary standards, including ASTM and ANSI standards, to ensure compliance
• Supplier/vendor liability considerations, including the sourcing of materials and component parts
• Manufacturing equipment, procedures and facilities
• Internal product safety self-audit evaluations or product integrity programs
• Quality assurance and quality control procedures
• Product testing procedures and prior product testing results
• Product warnings, labels, instructions for use, manuals and directions
• Distribution, packaging, handling and storage procedures
• Marketing, sales and promotional brochures and documentation
• Product recall plans and protocols, including the effectiveness of prior product recalls
• Recordkeeping practices and record retention policies
• Product liability and recall insurance policies
• Distributor agreements and field operations
• Contacts, warranties and disclaimers related to the manufacture and sale of products