Failure-to-Warn Issues In Products Litigation

There is no reason to rely solely on expert “opinions” or good intentions when addressing failure-to-warn allegations - considerable relevant scientific research has been conducted, so technical findings can be brought to bear.  This presentation will review the current state of knowledge regarding the effectiveness of safety information presentations, with suggestions for how to apply this knowledge to litigation.

1. Effectiveness of warnings
   1. Changing behavior vs. providing information
   2. Real-world evidence vs. laboratory studies
   3. Findings to date
2. Consumer expectations
   1. Empirical studies
   2. Risk perception and risk analysis
3. Evolving state of the art
   1. Common practice
   2. Standards, regulations, and guidelines
   3. Research
4. Causation (case-specific analysis)
   1. What the people knew
   2. Whether the people would have read and understood warnings
   3. Whether the people would have behaved different