Obligation to warn clients 5

[MintJulep]

We have recently become aware - through publicly available articles in various trade magazines, and web articles - that counterfeiting of a commodity consumable product is becoming more common.

There are credible reports of incidents where the use of this counterfeit product outside of the US has resulted in the loss of life and damage to property.

To date there is no credible evidence that the distribution of the counterfeit product has reached the US market.

Our clients may use the commodity.

Within our firm there is a camp that feels strongly that we have a professional obligation to "warn" our clients (all in the US) about the threat posed by the counterfeit product.

Another camp says that these days anything is likely to be counterfeit, so buyer beware, and the clients all have full-time purchasing departments, so we have no obligation.

Debate!

 

[SNORGY]

All I know is that if I had a good working relationship and valued one of my clients, I would let him / her know of issues that he / she might not be aware of that had a potential to adverseley affect him / her.

Play the scenario out in your mind into a court of law, after someone has been hurt or killed.

"Did you know that there was this risk?"
"Yes."
"Did you tell anyone about it?"
"No."
"Why not?"
"I am under no obligation to do so. It's not my problem."

Legally correct, ethical or otherwise, I'd prefer to have a different honest answer.

Regards,

SNORGY.

 

[jmw]

All I know is that if I had a good working relationship and valued one of my clients, I would let him / her know of issues that he / she might not be aware of that had a potential to adversely affect him / her.

That plays out as a commercial or personal responsibility, not a legal or professional obligation which would more surely require more widespread dissemination of the information and if there is an obligation to do something it is surely more widespread than that. Otherwise it is a mere courtesy and has to be well phrased.

On the other hand, if there is no obligation because there are plenty of sources of such warnings on the web and in trade journals etc. then we are back to asking how we alert our clients and just our clients without giving offence or it being misinterpreted. This comes down to either a newsletter or maybe an email to a favoured client that does say "be warned" but says instead "Hey Bob, did you see these articles? what do you make of them?" i.e. you draw attention but not in a patronising or superior way.

JMW

http://www.ViscoAnalyser.com

 

[MintJulep]

if you make a habit of warning your customers, and then fail to warn them about some particular thing, it's possible that someone will sue for that omission

Yes, that has come to my mind as well.

"Did you know that there was this risk?"
"Yes."
"Did you tell anyone about it?"
"No."
"Why not?"
"Because we do not provide the product, directly or indirectly to anyone. Nor do we provide equipment that uses the product. We have no contract to provide information regarding the purchase of spare parts or consumable materials to this client, nor have they ever sought such information from us."

 

[TenPenny]

I think the key is that it would have to be an area related to your normal field of operations. Otherwise, you run the risk of being like those who forward email messages warning about spam email messages.

If there is reason to believe that the customers are likely to encounter the counterfeits, and that it is an area related to your field, I can see the point.

Otherwise, you just add to the general noise level.

 

[SNORGY]

How sad is it that we are discouraged from doing the honourable thing in favour of "only doing the things that we are legally mandated to do and can't be sued for".

I aspire to something different. Sorry.

I think you find a proper way to advise the client, and then you advise the client.

Regards,

SNORGY.

 

[IRstuff]

"Did you know that there was this risk?"
"Yes."
"Did you tell anyone about it?"
"No."

If you don't ever say anything about it, why would you even get asked, unless you volunteer information after the fact?

TTFN
faq731-376

 

[patprimmer]

Starting with two qualifiers:-

1) I am not a lawyer and therefore not qualified to give legal advice in any jurisdiction.

2) This is on the

http://WWW and

no jurisdiction has an absolute majority of members here an a great number of jurisdictions are represented here.

I feel there is generally no legal requirement to be proactive in warning others of danger when you are not directly involved, except maybe any country that has Good Samaritan laws like France I think.

Surely even in America, you cannot be held accountable for not foreseeing every risk to every person and not warning them about every risk.

Surely you have a right to decide as to where you have enough expert knowledge to decide for yourself where enough risk lies within your field of expertise for you to selective action. Your expertise in this matter would also include your knowledge of the other parties potential exposure.

I believe in any jurisdiction with a legal system derived from the British system that common law uses a test of what a reasonable person might do in the circumstances. Surely it is unreasonable to expect one person or entity to warn every single person within the jurisdiction of every conceivable risk, even if not within their field of expertise. I mean come on. To expect that is just hysterical nonsense.

I believe there is a personal ethical obligation if not a professional ethical or legal obligation to warn others of danger where you have expert knowledge to indicate they in particular might be at risk.

Regards
Pat
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[MiketheEngineer]

Again - here are a bunch of engineers making legal decisions. Call your lawyer.

That said - I WILL ALWAYS tell my customers of ANYTHING I might find questionable. Regardless!!

 

[patprimmer]

A star for Mike.

I think you said in two short sentences what it took me several paragraphs to say.

Regards
Pat
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[DRWeig]

I'm siding with Pat, and with others above who phrased the same thought in different words. I'm adding one more word: Conscience.

I don't care who sues me or what happens to me later if I feel like I may have kept an airplane in the air, or a school from burning down.

Good on ya,

Goober Dave

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[rerig]

I sometimes wonder where the Lawyers are headed.
I guess to buy a new Rolls-Royce.

See small picture.

 

[KENAT]

Is this commodity item somehow used with the product your company sells? Is it a consumable item or similar.

If so wouldn't a stock warning in the user manual or equivalent saying only to use genuine ACME parts or similar be appropriate?

Or is this really an altruistic, 'greater good' kind of deal? You found out there are fake Ticonderoga # 2 pencils around that can spontaneously combust and you want to tell your customers for their safety or something?

Either way, I'd think the company lawyer should have some input.

Heck, what if the 'counter fit' product manufacturers sue you for deformation or something.;-)

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[MiketheEngineer]

Most Engineering codes of Ethics start out (FIRST LINE) by saying our primary duty is "TO PROTECT THE HEALTH AND WELFARE OF THE PUBLIC".

Pretty simple!!!

And like the code of ethics for doctors - FIRST - DO NO HARM!!! I use that on my junior engineers all the time - because some of the paths they take could very well do that!!