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Pages 197-205

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From page 197... ... , 33 Antilock braking system, 18 n.4, 93 Antitrust law, 71 Arbitration, 42 Asbestos-related injury claims, 18 n.l, 135 Automotive industry, 1, 10-11, 13, 72 95., 82 If. causes of vehicular injury, 11, 98-99, 110 nn.52-54 197 defense strategies in liability cases, 89-90 engineering practice, 78-79 fuel tank design, 86 Intelligent Vehicle Highway System (IVHS) Read the entire page →
From page 198... ... engineering, 28 product-usage instruction, 180 182 in risk management experts, 169-171 in risk perception, 164-171, 179 180, 181 simplification, 164-165 in value-of-information analysis, 178 Commercial aviation, 11-12, 13, 113 If. accident investigation, 116-117 causes of accidents, 116 development of, 113-114 excessive inspections, 118-119 motivation to safety innovation, 118 number of airplanes in, 116 pilot training, 115 product development in, 114-116 product liability system impacts, 118-119 protection against liability, 119 See also General aviation DDT, 170 Competition in general aviation industry, 71, 75 international, 6-7, 13, 26, 34-35, 58, 75 in medical device manufacture, 58 product liability-related costs and, 40 product liability system and, 3, 43 tort reform and, 34-35 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Read the entire page →
From page 199... ... . nglneerlng automotive, 10-11, 78-79, 85-88 chemical industry, 47-48 commercial aviation, 119 corporate liability in, 85 engineers' perception of product liability, 92-93 future of, 82-83 general aviation, 9-10, 63 innovation process and, 25, 73 law and, 28 national interest and, 106 product liability defense in, 11, 13, 27, 64 in product liability system reform, 97, 101 resource allocation issues, 63-64 response to litigation in, 72-73, 91 risk management in, 91-92, 175 user behavior as design factor, 160, 162-164 Enterprise liability, 103 Environmental Protection Agency, 155, 181 European Community Directive 7 , , 35, 41, 44 n.13 Expert witnesses, 74, 90-91, 127, 145 146 Express warranty, 6, 31-32, 174 F Failure to warn, 6, 175 continuing responsibility, 32-33 lack of legal standards in, 84 language issues, 32 legal interpretation of, 32-33 product-related publications and, 66 protection against, 173, 177-180 state-of-the-art defense, 32 in tort reform, 34 Federal Aviation Administration, 65, 66, 71, 74, 114, 115-116 Federal law automotive industry regulation, 85 call for reform, 6-7, 17 food and drug oversight, 122 123, 124 fund for victims of product defects, 17, 61 tort reform, 34, 41, 102-103 Federal Motor Vehicle Safety Standards, 85 Federal Tort Claims Act, 147, 150 n.17 Financial management issues, 70-71 Food and Drug Administration, 57, 60-61, 122-123, 124, 127, 172, 184 n.1 Read the entire page →
From page 200... ... See Vaccines Insurance, 113 If. for component/materials suppliers, 71 damage awards and, 136-137, 139 general aviation industry, 68, 69 industry status, 131, 138 innovation and, 26, 138, 143 joint-and-several liability, 134, 139 legal environment and, 135-136, 143, 148-149 liability principles, 134 product liability system and, 14, 131-132 against punitive damages, 89 regulatory environment, 146-147 in resolution of liability cases, 89 scientific knowledge and, 135 scientific testimony and, 139-142 state law, 133-134 swine flu vaccine program, 136 systemic reform, 146-147 tort reform and, 104-105, 137 trends, 2-3 underwriting practices, 132-133 Insurance Services Office, 132-133 International comparisons automobile industry regulation, 85 automotive safety and liability system, 80 damage awards, 35, 43 n.3 product liability law, 7, 34-35, 50, 82 product liability system trends, 41, 89-90, 148-149 research needs, 16 safety innovation, 10 social services, 38, 127 vehicle design, diversity in, 92 International competition, 6-7, 13, 26, 40, 75 Read the entire page →
From page 201... ... L Larsen v. General motors, 153 Legal process alternative settlement mechanisms, 42 automotive liability cases, 89-90 bases of product liability cases, 6, 30-33 behavioral research and, 171-176 cognitive style in, 28 corporate approaches to liability protection, 143-144 corporate communication practices and, 72, 118 corporate preparation for, 74-75 cost of, 9, 17, 18 n.3, 24, 40, 42, 49-50, 126 court-led reform, 95-96, 103-107 defense strategies in automotive cases, 89-90 discovery procedures, 17, 42, 63-64, 71-72, 90, 96 engineering documentation in, 27, 63-65 enterprise liability, 103 in expanded regulatory system 154-156 general aviation industry defendants, 69 institutional differentiation in, 106-107 interpretation of outcomes, 2526, 86, 171-172 investment of engineering resources in, 72-73 joint and several liability, 5, 7, 134, 139 jury sympathy in awards, 134 number of tort cases, 39 pharmaceutical industry as defendant, 125-126 precedent vs. Read the entire page →
From page 202... ... , 124 North Dakota, 33 o Obstacles to innovation in automotive industry, 10, 13, 78-79, 92-94 in chemical industry, 50-52 in commercial aviation, 118 destruction of unnecessary documentation, 65 engineering environment, 72-73 in general aviation, 10, 13, 62, 67 industry-specific differences, 1213 in insurance industry, 138 legal environment as, 14, 49-50, 53, 142-143, 151 in medical device manufacturing, 9, 13, 50-51, 58, 59-61 negative effects of, 26, 53 open-ended liability, 34 in pharmaceutical industry, 12, 13, 121, 125, 143 in regulatory environment, 100, 121 Occupational Safety and Health Act, 155 Orphan drugs, 12, 125, 146 p Pacemakers, 54, 55 Patent issues, 12, 125 Peer review, 145 Personal injury awards federal fund for, 17, 61 limitation of, 147 reform recommendations, 17, 41 in regulatory system, 156 terms of, 96-97 tort reform, 33 trends, 2, 3, 39 See also Punitive damages Personnel policies, 73-74 Pertussis vaccine, 140 Pharmaceutical industry, 11, 12, 120 ff. express warranty issues in, 31 insurance in, 136 in litigation, 125-126 new drug development, 120 121, 123-125, 184 nn.l-2 obstacles to innovation in, 143 regulatory environment, 120, 121-123, 127-128 tort reform and, 127 Pharmaceutical Manufacturers Association, 127 Policymaking, institutional differentiation and, 106-107 Read the entire page →
From page 203... ... aircraft certification, 66, 115 automotive industry, 85, 99-101 aviation industry, 114, 115-116 general aviation, 63, 71 impact on innovation, 100 insurance industry, 146-147 legal liability and, 14-15 manufacturer-regulator relationship and, 71 medical devices, 55-57 pharmaceutical industry, 120, 121-123, 127-128 reform of, 15, 17, 154-156 role of, 15, 126 as source of liability claim, 65 Read the entire page →
From page 204... ... , 50-51, 59-60, 65, 91, 114-115, 123-124, 157 Research needs, 16, 42, 101 Risk assessment in chemical industry, 49 consumer behavior as factor in, 15, 160, 161, 162-164, 176-184 definition of risk in, 167-168 experts, 169-171 individual cognitive processes in, 164-171 in insurance underwriting, 14, 132-133, 138-139 manufacturer liability, 34 new aviation products, 114-115 of potential product-use problems, 176-177 probabilistic, 177 swine flu vaccine, 136 tort system uncertainty and, 133 in unknown technologies, 170 171 Risk comparison, 179-180 Risk management in chemical industry, 47-49 in commercial aviation, 115-119 consumer behavior as factor in, State law 15 consumer role in, 163-164 in corporate communications, 72, 118 corporate practice in, 13, 72, 74 75, 118 in design process, 26-27, 72-73 in general aviation engineering, 63-67 as good business practice, 48 insurance as, 14 in insurance industry, 134 in new product development process, 173-174 in pharmaceutical regulation, 121-124 strategies for, 16 zero-risk, 5, 27 RU-486, 143 S Safety innovation in automotive industry, 80, 94-95 behavioral focus in, 15, 98-99 in commercial aviation, 113-114, 118 disincentives, 15, 18 n.4 in general aviation industry, 63 motivation for, 10-11, 12, 41, 7576, 80, 94, 118 risk homeostasis and, 183 Schuck, Peter, 106-107 Schwartz, Alan, 84, 95, 99 Schwartz, Gary T., 87-88, 99, 104 Scientific testimony, 14, 17, 74, 9091, 127, 135, 144-146 insurance and, 139-142 Silkwood v. Kerr McGee, 156 Social services system, 17, 38, 104 105, 127 Social values, 15, 17-18 in definition of risk, 167-168 in technology risk trade-offs, 2324 inconsistency in, 133 insurance regulation, 134 interstate commerce and, 6 tort reform, 33-34, 41, 102-103 trends, 3 State-of-the-art knowledge, 3, 5, 17, 25, 32, 35, 52 inadequacy of, 141, 142 in insurance underwriting, 135 Statute of limitations, 34 Statute of repose, 35, 76 Swine flu vaccine, 136 Read the entire page →
From page 205... ... Alliance Resources, 88 U University research, 65 V Vaccines, 61, 136, 140 Viscusi, W hip, 84, 99 W Walter, Patricia, 92-93 Warranty cards, 32-33 Whooping cough, 140 Workplace injuries/fatalities, 23, 100 baseline risk standards, 153 express warranty issues in, 31 z Zero-risk, 5, 27 Read the entire page →

From page 197...

... , 33 Antilock braking system, 18 n.4, 93 Antitrust law, 71 Arbitration, 42 Asbestos-related injury claims, 18 n.l, 135 Automotive industry, 1, 10-11, 13, 72 95., 82 If. causes of vehicular injury, 11, 98-99, 110 nn.52-54 197 defense strategies in liability cases, 89-90 engineering practice, 78-79 fuel tank design, 86 Intelligent Vehicle Highway System (IVHS)

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From page 198...

... engineering, 28 product-usage instruction, 180 182 in risk management experts, 169-171 in risk perception, 164-171, 179 180, 181 simplification, 164-165 in value-of-information analysis, 178 Commercial aviation, 11-12, 13, 113 If. accident investigation, 116-117 causes of accidents, 116 development of, 113-114 excessive inspections, 118-119 motivation to safety innovation, 118 number of airplanes in, 116 pilot training, 115 product development in, 114-116 product liability system impacts, 118-119 protection against liability, 119 See also General aviation DDT, 170 Competition in general aviation industry, 71, 75 international, 6-7, 13, 26, 34-35, 58, 75 in medical device manufacture, 58 product liability-related costs and, 40 product liability system and, 3, 43 tort reform and, 34-35 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

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From page 199...

... . nglneerlng automotive, 10-11, 78-79, 85-88 chemical industry, 47-48 commercial aviation, 119 corporate liability in, 85 engineers' perception of product liability, 92-93 future of, 82-83 general aviation, 9-10, 63 innovation process and, 25, 73 law and, 28 national interest and, 106 product liability defense in, 11, 13, 27, 64 in product liability system reform, 97, 101 resource allocation issues, 63-64 response to litigation in, 72-73, 91 risk management in, 91-92, 175 user behavior as design factor, 160, 162-164 Enterprise liability, 103 Environmental Protection Agency, 155, 181 European Community Directive 7 , , 35, 41, 44 n.13 Expert witnesses, 74, 90-91, 127, 145 146 Express warranty, 6, 31-32, 174 F Failure to warn, 6, 175 continuing responsibility, 32-33 lack of legal standards in, 84 language issues, 32 legal interpretation of, 32-33 product-related publications and, 66 protection against, 173, 177-180 state-of-the-art defense, 32 in tort reform, 34 Federal Aviation Administration, 65, 66, 71, 74, 114, 115-116 Federal law automotive industry regulation, 85 call for reform, 6-7, 17 food and drug oversight, 122 123, 124 fund for victims of product defects, 17, 61 tort reform, 34, 41, 102-103 Federal Motor Vehicle Safety Standards, 85 Federal Tort Claims Act, 147, 150 n.17 Financial management issues, 70-71 Food and Drug Administration, 57, 60-61, 122-123, 124, 127, 172, 184 n.1

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From page 200...

... See Vaccines Insurance, 113 If. for component/materials suppliers, 71 damage awards and, 136-137, 139 general aviation industry, 68, 69 industry status, 131, 138 innovation and, 26, 138, 143 joint-and-several liability, 134, 139 legal environment and, 135-136, 143, 148-149 liability principles, 134 product liability system and, 14, 131-132 against punitive damages, 89 regulatory environment, 146-147 in resolution of liability cases, 89 scientific knowledge and, 135 scientific testimony and, 139-142 state law, 133-134 swine flu vaccine program, 136 systemic reform, 146-147 tort reform and, 104-105, 137 trends, 2-3 underwriting practices, 132-133 Insurance Services Office, 132-133 International comparisons automobile industry regulation, 85 automotive safety and liability system, 80 damage awards, 35, 43 n.3 product liability law, 7, 34-35, 50, 82 product liability system trends, 41, 89-90, 148-149 research needs, 16 safety innovation, 10 social services, 38, 127 vehicle design, diversity in, 92 International competition, 6-7, 13, 26, 40, 75

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From page 201...

... L Larsen v. General motors, 153 Legal process alternative settlement mechanisms, 42 automotive liability cases, 89-90 bases of product liability cases, 6, 30-33 behavioral research and, 171-176 cognitive style in, 28 corporate approaches to liability protection, 143-144 corporate communication practices and, 72, 118 corporate preparation for, 74-75 cost of, 9, 17, 18 n.3, 24, 40, 42, 49-50, 126 court-led reform, 95-96, 103-107 defense strategies in automotive cases, 89-90 discovery procedures, 17, 42, 63-64, 71-72, 90, 96 engineering documentation in, 27, 63-65 enterprise liability, 103 in expanded regulatory system 154-156 general aviation industry defendants, 69 institutional differentiation in, 106-107 interpretation of outcomes, 2526, 86, 171-172 investment of engineering resources in, 72-73 joint and several liability, 5, 7, 134, 139 jury sympathy in awards, 134 number of tort cases, 39 pharmaceutical industry as defendant, 125-126 precedent vs.

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From page 202...

... , 124 North Dakota, 33 o Obstacles to innovation in automotive industry, 10, 13, 78-79, 92-94 in chemical industry, 50-52 in commercial aviation, 118 destruction of unnecessary documentation, 65 engineering environment, 72-73 in general aviation, 10, 13, 62, 67 industry-specific differences, 1213 in insurance industry, 138 legal environment as, 14, 49-50, 53, 142-143, 151 in medical device manufacturing, 9, 13, 50-51, 58, 59-61 negative effects of, 26, 53 open-ended liability, 34 in pharmaceutical industry, 12, 13, 121, 125, 143 in regulatory environment, 100, 121 Occupational Safety and Health Act, 155 Orphan drugs, 12, 125, 146 p Pacemakers, 54, 55 Patent issues, 12, 125 Peer review, 145 Personal injury awards federal fund for, 17, 61 limitation of, 147 reform recommendations, 17, 41 in regulatory system, 156 terms of, 96-97 tort reform, 33 trends, 2, 3, 39 See also Punitive damages Personnel policies, 73-74 Pertussis vaccine, 140 Pharmaceutical industry, 11, 12, 120 ff. express warranty issues in, 31 insurance in, 136 in litigation, 125-126 new drug development, 120 121, 123-125, 184 nn.l-2 obstacles to innovation in, 143 regulatory environment, 120, 121-123, 127-128 tort reform and, 127 Pharmaceutical Manufacturers Association, 127 Policymaking, institutional differentiation and, 106-107

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From page 203...

... aircraft certification, 66, 115 automotive industry, 85, 99-101 aviation industry, 114, 115-116 general aviation, 63, 71 impact on innovation, 100 insurance industry, 146-147 legal liability and, 14-15 manufacturer-regulator relationship and, 71 medical devices, 55-57 pharmaceutical industry, 120, 121-123, 127-128 reform of, 15, 17, 154-156 role of, 15, 126 as source of liability claim, 65

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From page 204...

... , 50-51, 59-60, 65, 91, 114-115, 123-124, 157 Research needs, 16, 42, 101 Risk assessment in chemical industry, 49 consumer behavior as factor in, 15, 160, 161, 162-164, 176-184 definition of risk in, 167-168 experts, 169-171 individual cognitive processes in, 164-171 in insurance underwriting, 14, 132-133, 138-139 manufacturer liability, 34 new aviation products, 114-115 of potential product-use problems, 176-177 probabilistic, 177 swine flu vaccine, 136 tort system uncertainty and, 133 in unknown technologies, 170 171 Risk comparison, 179-180 Risk management in chemical industry, 47-49 in commercial aviation, 115-119 consumer behavior as factor in, State law 15 consumer role in, 163-164 in corporate communications, 72, 118 corporate practice in, 13, 72, 74 75, 118 in design process, 26-27, 72-73 in general aviation engineering, 63-67 as good business practice, 48 insurance as, 14 in insurance industry, 134 in new product development process, 173-174 in pharmaceutical regulation, 121-124 strategies for, 16 zero-risk, 5, 27 RU-486, 143 S Safety innovation in automotive industry, 80, 94-95 behavioral focus in, 15, 98-99 in commercial aviation, 113-114, 118 disincentives, 15, 18 n.4 in general aviation industry, 63 motivation for, 10-11, 12, 41, 7576, 80, 94, 118 risk homeostasis and, 183 Schuck, Peter, 106-107 Schwartz, Alan, 84, 95, 99 Schwartz, Gary T., 87-88, 99, 104 Scientific testimony, 14, 17, 74, 9091, 127, 135, 144-146 insurance and, 139-142 Silkwood v. Kerr McGee, 156 Social services system, 17, 38, 104 105, 127 Social values, 15, 17-18 in definition of risk, 167-168 in technology risk trade-offs, 2324 inconsistency in, 133 insurance regulation, 134 interstate commerce and, 6 tort reform, 33-34, 41, 102-103 trends, 3 State-of-the-art knowledge, 3, 5, 17, 25, 32, 35, 52 inadequacy of, 141, 142 in insurance underwriting, 135 Statute of limitations, 34 Statute of repose, 35, 76 Swine flu vaccine, 136

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From page 205...

... Alliance Resources, 88 U University research, 65 V Vaccines, 61, 136, 140 Viscusi, W hip, 84, 99 W Walter, Patricia, 92-93 Warranty cards, 32-33 Whooping cough, 140 Workplace injuries/fatalities, 23, 100 baseline risk standards, 153 express warranty issues in, 31 z Zero-risk, 5, 27

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Index Pages 197-205

Index
Pages 197-205