Kenneth Ross is one of the world's most experienced and well-known lawyers practicing in the areas of product safety, product liability prevention, and regulatory compliance. He is a former partner and now Of Counsel to one of the premier product liability defense firms in the U.S., Bowman and Brooke LLP.
He has been selected for inclusion in the Guide to the World's Leading Product Liability Lawyers (2007 and 2009) and The International Who's Who of Product Liability Lawyers (2009, 2010 and 2011) and has been referred to by the National Law Journal as a "preventive law pioneer." Prior to entering private practice, Ken was an in-house lawyer at Westinghouse Electric and Emerson Electric where he counseled on safety and prevention issues and managed litigation.
In his safety and prevention practice, he advises U.S. and foreign manufacturers, product sellers, insurance brokers and insurance companies on ways to identify, evaluate and minimize the risk of liability, especially product and contractual liability. This advice is provided during product development as well as after sale.
Ken has provided the following services to manufacturers and sellers of
all kinds of consumer products, commercial and industrial products,
food, vehicles, motor vehicle equipment and medical devices:
Post-Sale - management systems, recalls, retrofits, safety improvements, and government reports.
Document Management - policies and procedures, implementation, education.
Contracts - purchase and sales terms and conditions, contracting procedures, risk spreading techniques, dealer agreements.
Regulatory Compliance - reporting to various agencies such as
the U.S. Consumer Product Safety Commission, the National Highway
Traffic Safety Administration and the Food & Drug Administration.
Legal Audits - pre-sale and post-sale legal audits, internal investigations, claims and litigation audits.
Legal Risk Assessments and Risk Management - for manufacturers or insurance companies.
Ethics and Compliance - codes of conduct, ethics and compliance policies and procedures, training, risk assessment.
Claims and Litigation Management - policies and procedures, staffing, strategic planning, training, and managing litigation and claims.
Seminars and Training - presented to manufacturers, product sellers, insurance companies, trade associations and insurance brokers on above issues.
Consulting Attorney and Expert Witness - assist in the defense
of litigation on safety and prevention issues such as warnings,
post-sale duty to warn, document retention and recall.
In addition to offering the above services, Ken works with a variety of
companies that assist him with design, warning label testing, warning
label production, technical writing, risk analysis, crisis management,
and recall issues. He can also make referrals to excellent product
liability defense counsel all over the world.
Warnings, Instructions, and other Safety Communications
Ken helps companies analyze risk and develop adequate warnings and
instructions. In addition, he has lectured and written extensively in
this area, including co-authoring one of the early warnings compliance
manuals while he was an attorney at Westinghouse Electric. Ken has also
provided legal advice regarding the testing of warning labels and has
helped several industries create industry-wide labeling systems. Some
of the testing projects he has worked on include the Mr. Ouch label in
1980 and the water heater flammable vapor labels in 1990. He has also
helped trade associations revise voluntary industry standards for their
products to incorporate new general labeling standards.
In the area of instructions, Ken has revised many instruction manuals,
promotional literature, advertising, and other communications.
Recalls, Retrofits, and Post-sale Safety Improvements
Another area where Ken concentrates his practice is post-sale issues
such as recalls and retrofits involving machinery, industrial
equipment, consumer products, motor vehicles and accessories, medical
devices and food. He has worked with the U.S. Consumer Product Safety
Commission since the late 1970's and more recently with the FDA and the
He assists companies in setting up systems so that they can better
identify possible safety issues as early as possible and also counsels
them on all aspects of pre-sale and post-sale recall preparedness. Ken
has assisted many companies in reporting safety issues to a government
agency and implementing an acceptable corrective action program.
Lastly, he has served as an expert witness in litigation on the issue
of recall adequacy.
Articles and Seminars
Ken has written extensively on this subject. His recent writings can be
accessed by clicking on the links next to each article shown in PLP Articles. He continues to write articles in this
area. If you are interested in receiving electronic copies of his
future articles, email Ken at firstname.lastname@example.org.
He has also presented hundreds of seminars, both public and in-house,
over the last 30 years on product safety and liability prevention and
regulatory compliance in the U.S., Asia, Latin America, and Europe for
business persons, engineers, lawyers, and insurance company personnel.
Go to PLP Resources for brochures on his upcoming public seminars and
an agenda for several sample in-house seminars.