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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Index

A

Abortifacient, 143

Accident investigation, 74

commercial aviation, 116-117

Accidents

automotive, 98-99

in commercial aviation, 114, 118

in general aviation, 74

Air bags, 18 n.4

Aircraft industry. See Commercial aviation;

General aviation

Airworthiness Directive (AD), 116

American Bar Association, 7, 17, 41, 42

American Legislative Exchange Council (ALEC), 33

American Tort Reform Association (ATRA), 33

Antilock braking system, 18 n.4, 93

Antitrust law, 71

Arbitration, 42

Asbestos-related injury claims, 18 n.1, 135

Automotive industry, 1, 10-11, 13, 72ff., 82ff

causes of vehicular injury, 11, 98-99, 110nn.52-54

defense strategies in liability cases, 89-90

engineering practice, 78-79

fuel tank design, 86

Intelligent Vehicle Highway System (IVHS) technologies, 98

legal environment, 87-88, 95-96

liability environment, 77-78, 83-87, 88

motivation for safety in, 94-95

opportunity for innovation in, 92-94

in public opinion, 87

regulation of, 99-101

safety innovation in, 80

tort reform and, 105-106

trial outcomes, 90

Aviation industry. See Commercial aviation;

General aviation

B

Bendectin, 125, 126

Birth defects. See Bendectin;

Thalidomide

Bullet-resistant vests, 51-52

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

C

Chemical industry, 47 ff.

benefits of technical innovation in, 47

effects of product liability system in, 13

inhibition of innovation in, 49-52

risk management in, 47-49

risks in, 48

See also Materials suppliers

Chernobyl accident, 170

Class action suits, 18 n.1, 152

Clinical trials, 123-124

Cognitive processes

belief maintenance, 165

consumer's, as design factor, 15, 162-164, 183-184

individual inconsistency in, 169

information sources in, 165-167

in injured parties, 159

in law vs. 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 ff.

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

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), 56

Contraceptives, 120, 143

Controlled flight into terrain (CFIT), 116, 119 n.3

Conciliation, 42

Costs

general aviation engineering process, 64

general aviation insurance, 142

general aviation liability claims, 142

health care, 38

in incentive-based regulation, 155

insurance, 26, 68, 69, 146-147

legal, 9, 17, 18 n.3, 24, 40, 42, 49-50, 126, 135

new drug development, 12, 123, 125

of noncritical performance compliance, 66-67

punitive damage awards, 136-137

retail, product liability factors in, 3, 12, 40, 67, 75

of zero-risk, 27

Crashworthiness, 77, 84

D

Dalkon Shield, 18 n.1, 33, 125

Daubert v. Merrell Dow Pharmaceuticals, 91, 144-145

DDT, 170

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

Defect of design, 6, 33

in automotive industry, 80

documentation for legal defense, 65-66

materials supplier liability in, 50-51

protection against, 27, 72-73, 182-183

risk of, 26-27, 84-85, 174, 175

in tort reform, 34

Defect of manufacture, 6, 30-31, 84, 174

DES, 134, 170

Discovery procedures, 17, 42, 63-64, 71-72, 90, 96

Documentation

company meeting notes, 72

corporate communication practices, 72, 118

of design process, 27, 91-92

destruction of, 65

for emergency situations, liability in, 66

in general aviation industry, 63-65, 72

legal interpretation of, 64

user manuals, 66

Drug industry. See Pharmaceutical industry

E

Elixir Sulfanilimide, 122

Engineering

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

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

Frye v. United States, 141

Fuel tank design, 86

G

General aviation, 1, 9-10, 62 ff., 68 ff.

accident investigation, 74

aftermarket manufacturers, 71

aircraft certification rules, 66

component industry, 68-69, 70-71

corporate communications in, 72

corporate practice, 70-72, 73-74

effects of product liability system in, 13, 67, 70-74

engineering environment, 63

engineering resource allocation in, 63-64

expenditures in noncritical areas, 66-67

industry status, 62, 68-69, 70, 142

international competition in, 75

kit planes, 69-70

manufacturer-regulator relationship in, 71

See also Commercial aviation

H

Halcion, 126

Hawaii, 35

Health care system, 17, 38, 105, 127

Heart valves, 54, 55, 58

Hiring practices, 74

I

Incentive-based regulatory statutes, 155, 157

Injury statistics, 23, 39-40

automotive, 98-99, 110 nn.52-54, 111 n.55, 118

commercial aviation, 118

consumer product-related, 38

pertussis, 140

Innovation. See Obstacles to innovation;

Safety innovations;

Technical innovations

Innoculations. See Vaccines

Insurance, 113 ff.

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

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

Investigational New Drug Application (IND), 123

Investor liability, 71

J

Japan, 7, 80, 89, 92-94

Junk science, 14, 91, 127, 135, 138 ff.

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, 25-26, 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. lawmaking in, 33, 83, 102

problems of, 95-97

producer indemnification, 146

scientific testimony in, 14, 17, 28, 74, 90-91, 127, 135, 139-142, 144-146

statute of repose, 35

theoretical basis of tort law, 24, 83-84

tort system vs. statutory system, 152-154

U.S. tradition, 37-38, 43, 83-84

See also Obstacles to innovation;

Tort reform

M

Manufacturing processes, 30, 47-48, 73

Marketing

express warranty issues in, 31, 32

legal risk in, 72

new drug application process and, 124

risk management in, 173

Massachusetts, 34, 35

Materials suppliers, 1, 8-9, 13

in commercial aviation, 114

diminishing number of, 59, 69, 70-71

in general aviation industry, 68-69, 70-71

inhibition of innovation in, 49-52

legal indemnification for, 60, 61

in medical device manufacturing, 50-51, 58-61

societal interests and, 53

See also Chemical industry

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

Mediation, 42

Medical device manufacture, 1, 9, 13, 54 ff.

advances in, 54-55

benefits of, 54-55, 61

biological challenges in, 55

component/materials suppliers in, 50-51, 58-61

future of, 60-61

implant technology, 54-55, 59

improving liability environment for, 60-61

inhibition of innovation in, 50-51

public expectations, 60

supply of quality materials for, 59

Misrepresentation, innocent, 6, 31-32, 174

Mississippi, 33-34

Multi-Door Courthouse, 42

N

National Transportation Safety Board, 74, 117

Negligence

contributory, 5-6

as legal standard, 5-6, 141

regulatory standards and, 157

New Drug Application (NDA), 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, 12-13

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.1-2

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

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

Probabilistic risk assessments, 177

Product development

in automotive industry, 78-79

in chemical industry, 48-49

in commercial aviation, 11-12, 13, 114-116

consumer behavior as design factor, 5, 160, 162-164, 183-184

corporate transactions and, 70-71

inhibition of innovation in, 50-52, 78

in medical device manufacture, 55-57

in pharmaceutical industry, 12, 120-121, 123-125

process, 172-174

Product liability system

automotive industry and, 83-87, 88, 92-94

commercial aviation and, 118-119

conflicting assessments of, 3-4, 26, 28-29, 151, 163-164

corporate practice and, 8-13, 12-13, 40-41, 70-72, 73-74, 143-144

course of reform, 16-17

future of, 82-83, 100-101

general aviation industry and, 63, 67

good qualities of, 7-8, 41, 43

insurance industry and, 131-132, 148-149

insurance trends, 138

international comparison, 7, 10, 34-35, 38

legal trends, 5-6, 16, 24, 30, 31, 32, 33-34, 36, 39-40, 50, 83-84 , 95-96, 125-126

misperceptions of, 39-41

as motivation for safety innovation, 10-11, 41, 63, 75-76, 80

opportunities for improvement, 41-43

pharmaceutical industry and, 120, 125-126

problems in, 75-76

public concern, 1-2

research needs, 16, 101

role of, 24, 38, 80-81, 96

schema, 174-175

societal expectations in, 15, 17-18, 24, 60

trends, 2-3, 15-16, 40-41, 87-88

Product stewardship, 48-49

Prozac, 125

Public concern, 1-2, 17-18, 168-169

commercial aviation safety, 119

as motivation to safety improvement, 11-12

Punitive damages, 134

excess, 52, 88-89

insurance against, 89, 136-137, 139

limitation of, 147

role of, 88

in tort-regulatory reform, 33-34, 154

trends, 39

R

Recalls of products, 33

Refused take-offs (RTOs), 116, 119 n.2

Regulatory system, 151 ff.

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

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

tort system and, 99-101, 126, 148, 152-156

U.S. tradition, 37-38

victim compensation in, 156, 157

Research and development (R&D), 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, 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, 75-76, 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, 90-91, 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, 23-24

State law

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

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×

T

Technical innovation

in chemical materials, 47

in commercial aviation, 114-116

inherent risk in, 24-25, 49

insurability of, 135

in medical device manufacture, 54-55

public evaluation of, 165-166

speed of, 79

vs. technical correction, 10, 79

See also Obstacles to innovation;

Safety innovation

Texas, 33, 34

Thalidomide, 120-121, 122

Three Mile Island, 170

Tort reform

call for federal standards, 6-7, 127

contract law in, 147-148

damage award limits, 147

engineers in reform of, 97, 101

expanded regulation vs., 99-101

express warranty issues in, 32

federal initiatives, 34

general aviation industry and, 76

incentive-based regulatory statutes, 155-156, 157

insurance and, 137

international competition and, 34-35

meaning of, 111 n.61

need for, 6, 151, 157

pharmaceutical industry, 127

prospects for, 97, 102-103

public understanding, 2

recommendations, 7, 41, 52

regulatory reform vs., 126, 148

research needs, 42

scientific evidence, 14, 17, 127

social insurance system and, 104-105, 127

state initiatives, 33-34, 102-103

statute of limitations, 34

statutory reform vs., 152-154

TXO Production Corporation v. Alliance Resources, 88

U

University research, 65

V

Vaccines, 61, 136, 140

Viscusi, W. Kip, 84, 99

W

Waller, 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

Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
×
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Suggested Citation:"Index." National Academy of Engineering. 1994. Product Liability and Innovation: Managing Risk in an Uncertain Environment. Washington, DC: The National Academies Press. doi: 10.17226/4768.
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Product Liability and Innovation: Managing Risk in an Uncertain Environment Get This Book
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Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development.

Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers.

The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries.

This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.

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