Page 102 - Petrosphere - Loss Control Management (LCM) Training Manual V 1.0
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101  Module 12: Product Safety Management                                                   Loss Control Management (LCM)


               Role of the Legal Department
                   •   Should play a significant role in both the prevention and defense of
                       product liability cases.

                   •   Act as advisers to the PSM coordinator.
                   •   Should be assigned the following responsibilities, to maximize its
                       contribution to the company PSM program activities:
                          •   Review for potential liability.
                          •   Coordination of all product, investigation and product claim
                              defense including:
                                 •   working with the insurance carrier

                                 •   retaining local counsel
                                 •    retaining statement of negotiations

               Role of the Marketing Department

                                                                          •     Should retain (for the life of the
                                                                          product) all sales and distribution
                                                                          records that can identify purchasers.
                                                                          These records are essential if product

                                                                          recall or field modification program are
                                                                          to succeed.

                   •   Should prepare/review the company advertising and sales materials whether:
                          •   They are clear and accurate.
                          •   They overstate the product’s capabilities.
                          •   They encourage the customer to believe the product has uses for which it was not
                              designed or intended.

                          •   The product can safely do what the company’s advertising and sales materials claim.

               Warranties and Disclaimers

               Warranties and Disclaimers developed by the company must also be reviewed by the program
               auditor to determine whether they are:

                          •   reasonable and practical for the uses intended
                          •   included with each of the company’s products
                          •   clear and concise






                                                    PETROSPHERE INC.
                                       www.petrosphere.com.ph | info@petrosphere.com.ph
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