Product Design Differences And Your Duty To Warn

Manufacturing a safe product is riddled with obstacles—especially if the product is innovative or includes new or novel design elements. In addition to the business challenges of bringing a new design to market, the development of effective warnings for a product with a new design is fraught with pitfalls. Not only should a manufacturer anticipate how its product will be misused and warn against it, but it must also be familiar with how other products in the marketplace are used. And, if the manufacturer's product works differently than even a fraction of the market, the manufacturer may need to specifically warn a user of the difference.

A recent Wisconsin decision showcases the pitfalls that manufacturers face when experienced users, accustomed to using competitors' products, begin using products with a different design and provides a good reminder that even clear, complete instructions and warnings may not be enough to prevent accidents and the lawsuits that