Re: Documentation Legal Issues???

Subject: Re: Documentation Legal Issues???
From: "Gene Kim-Eng" <techwr -at- genek -dot- com>
To: <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Mon, 29 Sep 2008 08:06:58 -0700

As long as you remember to include the usual blurbs about
information being accurate at time of publication, products
(which would include documents) being subject to change
without notice, no liability for consequential damages, etc.,
etc., yes. This is why you see all these blurbs somewhere
on just about everything you buy (usually either the manual
or the warranty statement).

In the absence of such disclaimers, a customer could argue
that erroneous information formed a substantial part of the
decision to buy, that the product was unsuitable for its
intended/advertised purpose, was falsely represented, and
its use led to the dreaded "consequential damage."

Look up "implied warranty."

However, the consequences of failing to protect against
"implied warranty" liability would be demands for and/or
action to obtain refunds and/or damages, not to mandate
document recalls and updates (though if a manufacturer
were to lose such a suit due to the absence of disclaimers,
you can see why they'd want to do them).

In government-regulated industries, the ultimate decision-
making power with regard to mandatory recalls and product
updates rests with the regulators, and all others are made
by the manufacturers based on their assessment of their
exposure to liability.

Gene Kim-Eng



----- Original Message -----
From: "Combs, Richard" <richard -dot- combs -at- Polycom -dot- com>
> Just for starters, there is no such thing as a "legally binding
> contract" that all parties to the contract didn't willingly agree to
> with a full understanding of what they were agreeing to.
.
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References:
RE: Documentation Legal Issues???: From: Technical Writer
RE: Documentation Legal Issues???: From: Combs, Richard

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