When an organization produces goods, the hope is that the products are fault-free. However, there may be instances when a product could become dangerous to the public and it鈥檚 the company鈥檚 responsibility to inform consumers about these risks.

This responsibility is referred to as the 鈥渄uty to warn.鈥� The duty to warn doctrine is based on the idea that consumers should be able to make informed decisions about whether to use a product. If a product is dangerous, the manufacturer has a duty to warn consumers about those dangers so they can make an informed decision about product usage.

I talk about this, among other important product liability topics, in the February 2026 Risk Management webinar presentation: .

Manufacturers must remember that the duty to warn includes products that are safe, designed and manufactured well, but normal function can still cause injuries. An obvious example is a chainsaw, but we also see warnings appearing on plastic bags, buckets or other seemingly innocuous items that may present a hazard to children.

Duty to warn covers reasonably foreseeable use and misuse. Inhaling aerosol propellants, for instance, could be considered reasonably foreseeable misuse.

Failing to warn, failing to instruct or issuing unclear warnings are among the leading allegations in product liability claims. 

• Failure to warn: No warnings are provided about a known risk.
• Failure to instruct: Instructions don鈥檛 clearly explain how to use the product safely or how to avoid foreseeable misuse.
• Inadequate warnings: Labels or manuals don鈥檛 clearly communicate the hazard or do so in a way the average user will understand. 

When warnings are inadequate, injured parties can argue that the product itself was defective because consumers weren鈥檛 informed about risks they could not reasonably anticipate.

The duty to warn is rooted in the legal principle of negligence 鈥� a failure to exercise reasonable care that causes harm to others. 

To establish negligence, a plaintiff generally must show that:

1. The defendant owed the plaintiff a duty of care.
2. The defendant breached that duty.
3. The plaintiff suffered harm as a result of the defendant鈥檚 breach.
4. The harm was caused by the defendant鈥檚 breach.聽

In product liability cases based on duty to warn, a 鈥渂reach鈥� often involves failing to provide adequate warnings or instructions about risks that could have been reasonably identified through testing, research or industry standards.

There are two primary ways a business can satisfy its duty to warn:

1. Warnings on the Product Itself

Labels affixed directly to the product 鈥� especially when the user may not see packaging or manuals 鈥� need to be clear, conspicuous and understandable.

2. Warnings Through Supporting Materials

Instructions, manuals, safety guides and other product documentation can provide detailed guidance about how to safely use the product and avoid known risks. 

Effective warnings should:

• Describe the risk clearly,
• Be visible and easy to understand and
• Cover both intended use and reasonably foreseeable misuse.

ANSI Z535.4-2023 is a  on the design and content of safety warnings. The standard is not legally binding, but it is widely used by businesses to comply with their duty to warn. The standard is a valuable resource for businesses that want to ensure their warnings comply with their duty to warn. It covers a wide range of topics for warning labels, including purpose, type, content, format, placement and testing.

While ANSI Z535.4-2022 is not a legal document, it is often used as evidence in product liability lawsuits. If a plaintiff is injured by a product, it may be argued that the manufacturer failed to provide adequate warnings about the dangers of the product. If the manufacturer followed ANSI Z535.4-2022 in designing and developing the warnings, this may help defend the manufacturer against the lawsuit.

Overall, ANSI Z535.4-2022 is a valuable resource for businesses wishing to comply with the duty to warn. However, it is important to note that the standard is not a guarantee of safety or immunity from liability. The standard is only a guideline and there may be cases where a manufacturer can comply with the standard and still be found liable for a product liability lawsuit.

Duty to warn should be considered early and throughout the product lifecycle 鈥� not just at launch. 

A practical approach includes:

• During design and development: Identify intended use, target users and hazards.
• Before market release: Evaluate foreseeable misuse and develop warnings/labels accordingly.
• After product launch: Adjust warnings based on customer feedback, complaints or evidence of misuse. 

Organizations should document this process and continually reassess warnings as new information emerges.

Failure to warn can expose a company to liability even when the product itself is safe by design. Providing clear, effective warnings helps:

• Reduce risk of injury and liability claims
• Demonstrate reasonable care in product development
• Build customer trust and safety reputation
• Support defense in litigation by showing adherence to industry best practices

A strong duty-to-warn strategy is an essential component of an overall product liability risk management program.

If you manufacture or distribute products, taking a strategic approach to warnings and instructions can significantly strengthen your product safety posture.

Working with experienced risk advisors 鈥� like those at 糖心传媒 鈥� can help you evaluate warning requirements, apply best practices and align your product liability program with real-world risks.

In his current role at 糖心传媒, Eric assists with the review of manufacturing accounts, the products produced, and coordinates with underwriting teams on potential issues identified, while helping to coach risk management consultants prior to visiting prospective accounts. Eric has been a featured speaker for the National Pool Builder鈥檚 Association meeting, providing safety instruction to company ownership personnel. Additionally, he created the widely successful . Eric was named 糖心传媒鈥檚 Loss Control Consultant of the Year in 2012 and 2023, and has been nominated for this honor two other times. He has been published in Safety and Health Magazine, as well SafetyInfo.com鈥檚 online magazine. 

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials contained in this article are for general informational purposes only. 

Understanding the Landscape Understanding PPE in Manufacturing

Personal Protective Equipment in manufacturing encompasses specialized clothing and devices designed to protect workers from job-related injuries or illnesses. This equipment includes items such as helmets, gloves, eye protection, and safety footwear鈥攅ach serving as a critical barrier against workplace hazards.

The Indispensable Role of PPE in Manufacturing

The manufacturing environment, known for its inherent risks, necessitates robust safety protocols with PPE at their core. Here鈥檚 why PPE is essential:

Comprehensive Protection: PPE shields workers from a variety of dangers, including physical injuries from machinery and harmful exposures to chemicals and noise.

Regulatory Adherence: Compliance with is not just about following laws鈥攊t鈥檚 about actively protecting the workforce.

Injury Prevention: Effective PPE usage significantly reduces the likelihood of workplace injuries, which companies substantial amounts in healthcare and lost workdays.

Enhanced Morale and Productivity: A safe worker is a happy and productive worker. Knowing that their safety is prioritized can boost employee morale and output.

PPE for Manufacturing Safety

Hard Hats: In manufacturing environments where there’s a risk of falling objects, are crucial for protecting your head from impacts and preventing serious injuries.

Safety Glasses: To safeguard your eyes from flying debris or hazardous chemicals, wearing is essential.

Face Shields: For enhanced protection of your face, eyes, and mouth, face shields are often used alongside safety glasses or goggles in particularly hazardous manufacturing settings.

Earplugs or Earmuffs: Manufacturing facilities can be extremely loud, making it vital to protect your hearing with to minimize noise exposure.

Protective Clothing: Depending on the nature of your work, many manufacturing facilities mandate the wearing of protective clothing such as gloves, aprons, overalls, and boots.

Breathing Masks: To prevent the inhalation of toxic chemicals, you may need anything from a simple paper mask to a more sophisticated . Regular use of masks can also help avert long-term respiratory issues.

Successful Implementation

Implementing a successful PPE program involves several key steps:

PERFORM regular Maintenance and Inspection: Continuous upkeep is necessary to ensure the protective gear remains effective.

CONDUCT thorough : Identifying potential risks is crucial in determining the necessary PPE.

ENSURE PPE must be appropriate for the hazard and correctly fitted to the individual.

PROVIDE comprehensive Training: Workers should be educated on proper PPE use, maintenance, and its limitations.

Looking Ahead

In observance of Manufacturing Day, we鈥檙e reminded of the critical role safety plays in the industry. It鈥檚 the ideal time to reevaluate your safety protocols and enhance PPE practices, ensuring that every worker benefits from the highest standards of protection. Don鈥檛 compromise on safety!

For tailored advice on PPE optimization and consultations with experienced risk management professionals, visit /services/risk-management/

The information provided in this article is for general informational purposes only and does not constitute legal advice.  We recommend consulting with an employment attorney to ensure compliance with all applicable laws and to receive legal advice tailored to your specific circumstances.

In nearly every industry and sector, there is potential for error and unforeseen circumstances. It is critical for businesses that are involved in the selling and distributing of products to implement and maintain a product liability program to reduce their company鈥檚 overall risk.

A product liability program is a set of policies and procedures a business puts in place to reduce the risk of product-related injuries and lawsuits. The program should be designed to identify and control hazards, train employees on safe product use, and respond to product-related incidents.

How to Create a Product Liability Program

To create a product liability program, a business should first assess its risk. This involves identifying the types of products it makes or sells, the potential hazards associated with those products, and the likelihood of those hazards causing injuries. The business should also consider the potential costs of product liability claims, including medical expenses, lost wages and legal fees.

Once the business has assessed its risk, it can develop a product liability program to address those risks. The program should include the following elements:

• Hazard identification and control: The business should identify and control any hazards associated with its products. This may involve redesigning products, adding warnings or instructions, or providing training to employees and customers.
• Employee training: The business should train its employees on safe product use. This training should cover the potential hazards associated with the products, as well as the proper procedures for using and maintaining them.
• Incident response: The business should have a plan in place to respond to product-related incidents. A plan should encompass procedures for reporting incidents, investigation, and corrective action.

Product Liability Across Functions

When building a product liability program, the business should also include multiple business functions. This should always include the following departments:

• Engineering: The engineering department should be responsible for identifying and controlling hazards associated with products.
• Manufacturing: The manufacturing department should be responsible for implementing the hazard controls identified by the engineering department. Note, this function may also encompass quality control, if assigned to the manufacturing department.
• Quality Control: The quality control department should be responsible for ensuring that products meet safety standards.
• Sales and Marketing: The sales and marketing department should be responsible for providing customers with accurate information about the risks associated with products.
• Customer Service: The customer service department should be responsible for responding to customer inquiries about product safety.

By including multiple business functions in its product liability program, a business can help to reduce the risk of product-related injuries and lawsuits.

Keys to Program Success

Once the product liability program has launched, there are important steps to take to ensure it continues to run effectively and efficiently. Consider these tips for creating and maintaining a successful product liability program:

• Ensure the program continues to be tailored to the specific risks of your business.
• Obtain input from all relevant departments when developing and reviewing the program.
• Train employees on the program and ensure that they understand their responsibilities.
• Review the program regularly and make changes as needed.
• Keep records of all product-related incidents and take steps to prevent future incidents.

By following these critical steps, businesses can help to protect themselves and their employees from the possible financial and reputational costs of product liability claims.

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials contained in this article are for general informational purposes only.聽Further, this information may not constitute the most up-to-date legal or other information.

On June 4, 2021, the Infrastructure Investment and Jobs Act (H.R. 3684), was introduced in the U.S. House Committee on Transportation and Infrastructure.聽On November 15, 2021, the bill was passed by U.S. Congress and signed into law. The legislation includes funding for roads, transit, aviation, water, energy, schools, internet, and more, and will have an economic and market impact across industries.
Since its introduction, there has been a lot of information distributed about what is in the bill and what is not. It is helpful to understand the key information contained in the bill and what is to come from it.

Spending Within the Infrastructure Bill
The Infrastructure Investment and Jobs Act bill has $1.2 trillion in funds to be spent over a five-year period, including $550 billion in new spending and the remainder of the package in pre-approved spending. The breakdown of the allocation of money will be as follows, according to Fortune magazine:

Funds Provided by State
The White House on the bill, including how the funds will be distributed by state.
Large-population states, such as California, Texas and New York, are the largest portions of the package spending, while states with fewer residents, such as Montana and Alaska, are expected to receive the most money per capita. View the chart below for funding details by state.

Next Steps and Industry Impact
Many environmental and industry groups are to discuss the implementation and distribution of the funds. The bill is anticipated to generate jobs in industries such as construction and manufacturing as the country works to modernize its infrastructure and carry out essential projects as outlined in the bill.
In fact, the U.S. government anticipates the bill can help create an average of . This job growth will likely include roles within global supply chain, electric vehicle manufacturing, metals, nuclear power, and chemical plants.
Stayed tuned for future articles as we see how the funds are distributed and executed through the enaction of this law.

Sources:
, Fortune Magazine, July 2021

, CNBC, Aug. 2021

The White House, November 2021
, Time, Aug. 2021