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The Practice of Human Factors
Published in Robert W. Proctor, Van Zandt Trisha, Human Factors in Simple and Complex Systems, 2018
Robert W. Proctor, Van Zandt Trisha
Strict liability focuses on the product and not the defendant. Although the manufacturer need not have been in any way negligent, the manufacturer can be held liable for any product defect if that defect was the cause of the injury. Under strict liability, it is not only the manufacturer that can be held liable. The manufacturer must have sold the product either to the plaintiff or to one of many members of a distributive chain, all of whom may be named as defendants in the trial (Weinstein et al., 1978): (1) the producer of the raw material; (2) the maker of a component part; (3) the assembler or subassembler; (4) the packager of the final product; (5) the wholesaler, distributor, or middleman; (6) the person who holds the product out to be his or her own; and (7) the retailer. Any or all of these members can be held liable if it can be proven that a product was defective when it left their possession.
Legal systems in practice
Published in Riadh Habash, Professional Practice in Engineering and Computing, 2019
A manufacturer is negligent if an injury results when the design of a product does not attain a standard of design that the court determines is reasonable. Negligence means that the manufacturer or someone else within the chain of manufacture did not act with reasonable care to ensure the safety of the design and manufacture of the product (Duffy et al. 2014). Negligence also is attributed to failure to provide adequate warnings regarding product usage, hazards, and defects. Once a product defect was proven to have caused injury to the person, damages could be awarded. But, for a negligence case, unreasonable conduct must be proved, and the injury may be merely economic in nature (Abdullah et al. 2009).
The Duty to Warn
Published in Patricia A. Robinson, Writing and Designing Manuals and Warnings, 2019
While we tend to think of the defect as implying that something about the product is malfunctioning, like a brand-new lightbulb with a broken filament, that kind of malfunction is not the only kind of defect as the word is used in the context of products liability. A product defect may be a design defect, a manufacturing defect, a packaging defect, a marketing defect, and so on. A product defect is anything that renders the product not reasonably safe.
Perspectives on trace chemical safety and chemophobia: risk communication and risk management
Published in Journal of Toxicology and Environmental Health, Part A, 2019
Byung-Mu Lee, Seok Kwon, Yun Mi Cho, Kyu-Bong Kim, Kyungwon Seo, Choong Sik Min, Kyoungeun Kim
In the U.S., the Consumer Product Safety Act (CPSA) and Consumer Product Safety Improvement Act (CPSIA) are enforced by the U.S. Consumer Product Safety Commission (CPSC) on all consumer chemical products (CPSC 2018). In Japan, the Ministry of Economy, Trade and Industry’s Consumer Affairs Agency set up organic management systems through the Consumer Household Products Safety Act, the Household Goods Quality Labeling Act, and the Framework Act for Consumer Protection in order to implement comprehensive quality control, labeling standards, and consumer protections for market products (MHLW 2018a). Under the Product Liability Act, a “product defect” is defined as a lack of safety that the product should ordinarily provide. Cosmetics, medical products, and medical devices are regulated by the Law on Securing Quality, Efficacy and Safety of Products, under the Pharmaceutical Affairs Law (Inomata 2014; MHLW 2018b).
Perspectives on trace chemical safety and chemophobia: risk communication and risk management
Published in Journal of Toxicology and Environmental Health, Part A, 2019
Byung-Mu Lee, Seok Kwon, Yun Mi Cho, Kyu-Bong Kim, Kyungwon Seo, Choong Sik Min, Kyoungeun Kim
In the U.S., the Consumer Product Safety Act (CPSA) and Consumer Product Safety Improvement Act (CPSIA) are enforced by the U.S. Consumer Product Safety Commission (CPSC) on all consumer chemical products (CPSC 2018). In Japan, the Ministry of Economy, Trade and Industry’s Consumer Affairs Agency setup organic management systems through the Consumer Household Products Safety Act, the Household Goods Quality Labeling Act, and the Framework Act for Consumer Protection in order to implement comprehensive quality control, labeling standards, and consumer protections for market products (MHLW 2018a). Under the Product Liability Act, a “product defect” is defined as a lack of safety that the product should ordinarily provide. Cosmetics, medical products, and medical devices are regulated by the Law on Securing Quality, Efficacy and Safety of Products, under the Pharmaceutical Affairs Law (MHLW 2018b; Inomata 2014).