In an article he co-authored in For the Defense, Greg Dale, partner in Faegre Baker Daniels’ labor and employment practice, discussed the “extremely sensitive challenges” lawyers face when defending product liability cases related to workplace incidents. As Dale and co-author Kenneth Ross noted, issues of Occupational Safety and Health Act (OSHA) compliance and non-compliance compound these challenges and raise hard questions about how legal liability is divided between the manufacturers of products used in workplace incidents and the employers responsible for maintaining a safe workplace.
“Manufacturers cannot ignore OSHA requirements when designing and manufacturing products,” the article said. “However, manufacturers should not assume duties that they do not have. […] Analyzing potential liability for themselves and employers can be helpful in protecting everyone involved. Preventing accidents is the only sure way to prevent liability.”