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Product Liability and Innovation Managing Risk in an Uncertain Environment (1994) / Chapter Skim
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Technology Issues and Product Liability
Pages 23-29

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From page 23...
... Hand tools, horsedrawn plows, ladders, printing presses, and steam engines laid the foundation of today's world a world that has not been particularly benign. For example, in the ten-year period beginning in 1928 when reliable data first became available, there were over 800,000 accidental deaths in the workplace, around the home, or on the highways (National Safety Council, 1992~.
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From page 24...
... The body of tort law that guides us today is of fairly recent development, having matured within the past 40 years. It is fair to say that the legal theorists who had much to do with the formation of modern tort law were well-intentioned and felt that society's best interests would be properly served by this framework for resolving disputes involving personal injury and accidents.
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From page 25...
... An engineer working on a new product or process development, and his or her employer, cannot help but observe the following increasingly commonplace occurrences: · Professional judgments concerning everything from design to end use can be introduced as evidence in product liability suits. · Defendants can be held liable for products that were built according to accepted industry standards at the time; the plaintiff need only prove that it was possible to produce a safer product, even if the vastly higher production costs would have made the product virtually unmarketable.
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From page 26...
... A recent National Research Council study (1991) , noting the primacy of design, has stated that "quality cannot be manufactured or tested into a product, it must be designed into it." Since manufacturers can be held liable for a product design that exposes consumers to undue risk, it is incumbent on them to incorporate quality and safety measures into their product designs.
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From page 27...
... Using environmentally safe chemicals in the manufacturing process may render mechanical components less safe if the chemicals do not provide an adequate level of corrosion resistance or structural integrity. Clearly, expecting manufacturing institutions to insure against all risk is an untenable solution.
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From page 28...
... But as products incorporate more complex technologies, it is imperative that both judges and juries be well-informed about the technological aspects of products and processes on which they are being asked to pass judgment. Moreover, there is now such a breadth of knowledge relevant to modern technological decisions that even members of the same technical or scientific disciplines disagree.
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From page 29...
... National Research Council.
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Key Terms

  • liability law
  • safety council
  • national safety
  • tort law
  • held liable

  • innovation raises
  • poor judgment
  • concerning product
  • held responsible
  • undue risk

  • safe chemicals
  • environmentally safe
  • production costs
  • mechanical components
  • product prices

  • incorporate quality
  • disciplines disagree
  • empirical evidence
  • disputes involving
  • deters innovation

  • modern technological
  • injuries occurred
  • hazard inherent
  • product designs
  • produce safe

  • injure themselves
  • professional lines
  • industrial equipment
  • deleterious effects
  • zero risk


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