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Tabitha O Dell

Tabitha O Dell

Cosmetic Answers
USA

Title: Developing an effective proactive approach to defending frivolous litigation

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Abstract

The question is not whether product manufacturers, retailers and service providers will be sued but when will they be sued. We live in a litigious society. We must effectively manage this known risk through a multiple layer program designed to provide the best company position when litigation occurs. Manufacturers, retailers and service providers must work collectively to ensure survival of the industry.We must systematically define and implement plans to limit our risk.Product manufacturers, retailers and service providers can improve their successful defense of frivolous litigation by developing an effective consumer relations programs to include product education program and developing more uniform warnings and instructions and being more robust in designing the product information/instructional sheet for each product. Understanding the problem is as helpful as solving the problem. Product manufacturers, retailers and service providers must develop and agree to share limited amounts of information so to maintain data regarding the nature of the alleged offenses and develop programs to monitor and eliminate not only the problems, whether that problem be intentional misuse or confusing product use it’s equally important to resolve any perceived problems. Implementation of proactive risk management programs will assist in our defense of unfounded litigation. As a group we should advocate for reimbursement of litigation cost when we are forced to engage in frivolous litigation.

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