Sellers have a duty to provide instructions for safe use of their products
and warnings about hazards. Often, companies think of fulfilling this duty
as a way to prevent liability and manage risk exposure. When you approach
writing warnings as a means to prevent liability, your warnings are likely
to read like the fine print in an insurance policy. While you may think
that a warning written like a disclaimer will protect your company, you
may be wrong. Consider the following:
Company A’s warning:
WARNING: User is responsible for wearing proper personal protective equipment, including, but not limited to, safety goggles and protective gloves.
Company B’s warning:
WARNING: Skin and eye irritant. Wear safety goggles and rubber
gloves. Read instructions for more information on safe use.
If you were on a jury considering a products liability
case, which company would seem to you to have the user’s best interests
at heart?
Company A tried to protect itself against liability claims. Company B
tried to protect the user.
Remember—if you successfully protect the user, there’s no
injury. If there’s no injury, there’s no liability! Even if
there is an injury, if a jury sees that you made a good faith effort to
protect the user, more often than not they’ll find in your favor.
Write to protect the user, and you’ll end up protecting the company
as well.