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Publication date: 1 August 1999

Todd E. Kastetter

The landscape for doing business in America is marked by products liability litigation. Americans have gained a reputation for being extraordinarily litigious. While the existence…

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Abstract

The landscape for doing business in America is marked by products liability litigation. Americans have gained a reputation for being extraordinarily litigious. While the existence of any products liability "crisis" is the subject of heated debate, the simple fact remains: potential legal exposure – civil, administrative and, in some instances, criminal – is a legitimate concern for any manufacturer. Embracing and implementing quality concepts, principles and techniques yields numerous rewards in the event of litigation. This paper considers the current legal climate, looks at factors relating to product liability, and gives details of some relevant cases. It examines the litigation benefits of a quality assurance framework and quality management and concludes that such systems are an advantage to a defense attorney defending such a company in case of litigation.

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The TQM Magazine, vol. 11 no. 4
Type: Research Article
ISSN: 0954-478X

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Article
Publication date: 1 October 1999

Todd E. Kastetter

The purpose of this paper is to examine the myriad ways record‐keeping can affect the course and outcome of products liability litigation. The examination includes an overview of…

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Abstract

The purpose of this paper is to examine the myriad ways record‐keeping can affect the course and outcome of products liability litigation. The examination includes an overview of the civil jury system in the USA, as well as an analysis of the benefits gained from instituting quality concepts and principles regarding the creation, management, storage and protection of quality‐related documents. Frequently the “star witness” in a products liability lawsuit is not a witness at all – it is a document. The written record a company generates plays a critical role in presenting a case to the jury in the event of litigation. With regard to retaining and storing company records, serious legal problems arise when documents are lost, damaged or destroyed without adequate explanation. Accordingly, embracing and implementing quality concepts and principles with regard to record‐keeping provides numerous rewards in the event of litigation.

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Management Decision, vol. 37 no. 8
Type: Research Article
ISSN: 0025-1747

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