Product Safety and Liability
Chapter 26
Product Liability and the Law
Prior to 1916 - use at your own risk
1916 - concept of negligent manufacture
Breach of warranty
Strict liability in tort
Law Suit Process
Civil law - not criminal charges
Seeking redress from another party
Steps
Decision to seek redress
Attorney files a complaint
Discovery period
Trial date
Trial or settlement
History of Product Liability
MacPherson vs. Buick Motor Company
Concept - negligent manufacture
Company held liable for performance of a product
Hennington vs. Bloomfield Motors, Inc.
Concept - Breach of warranty
Include people without contractual agreements with the company
Limited protection from disclaimers
History of Product Liability
Greenman vs. Yuba Products
Concept - Strict liability in tort and negligent design
Negligent manufacture included the design of the product
Van der Mark vs. Ford Motor co.
Confirmed the concept of negligent design
Strict Liability in Tort
One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate consumer or user, or to his property if:
the seller engaged in the business of selling such a product, and
it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.
Subsection (2)
The rule stated in Subsection (1) applies although:
the seller has exercised all possible care in preparation and sale of his product, and
the user or consumer has not bought the product from or entered into any contractual relation with the seller
Duty to Warn
Criteria for determining whether a duty to warn exists:
Potential for an accident when the product is used without a warning, provided the use to which it is put is reasonably predicted
Probable seriousness of injuries if an accident does occur
Potential positive effectiveness and feasibility of a warning
Consumer Product Safety Act
Protect the public from the risk of injuries incurred while using consumer products
Help consumers make objective evaluations of the risks associated with using consumer products
Encourage uniformity in standards and regulations and to minimize conflicts among regulations a various levels of govt
Encourage research into the causes of product-related injuries, health problems, and deaths and how these can be prevented
Applying Product Liability Laws
Must satisfy the burden of proof
Product is defective or unreasonably unsafe as produced
Condition that causes the product to be defective or unreasonably unsafe existed when the product left the care of the manufacturer
Defective or unreasonably unsafe condition actually caused the injury/damage/loss that is the subject of the case
Nature of the compainant’s injury/damage/loss is related to the defective or unreasonably safe condition
Terms
Patent defect - occurs in all items in a batch
Latent defect - occurs in limited quantities
Reasonable or unreasonable risk
Prudent man concept
Reasonable Risk
Exist when consumers
understand the risk
evaluate the level of risk
know how to deal with the risk
accept the risk based on reasonable risk/benefit considerations
Behave prudently
Unreasonable Risk
Exist when consumers
not aware of the risks
not able evaluate the level of risk when they are aware of the risk
not able to deal with the risk
Risk could be eliminated at a cost that would not price the product out of the market
Role of the S & H Professional
Knowledge of plant operations and safety expertise
Expertise in safety-related training
Accident investigations
Product safety surveillance in production areas
Aware of ways in which customers misuse products
Product Literature and Safety
Instructions, warning labels, manuals, operating instructions
Quality of product literature as important as quality of the product
Purpose of literature
Not all hazards removed
Disclose products intended use
Product Literature Subjects
General information
Safety information
Unpacking
Components
Handling instructions
Assembly instructions
Installation instructions
- Required equipment
- Use instructions
- Service instructions
- Maintenance information
- Troubleshooting procedures
- Overhaul requirements
- Disposal procedures
Effective literature
Minimize and simplify narrative text
Use illustrations
Eye appeal
Maximize drawing power
Accurate