Product liability and product safety for the railway industry

2006 ◽  
Author(s):  
D. Davis
Keyword(s):  
Product Liability ◽  
Product Safety ◽  
Railway Industry

Product Safety Warnings: A Legal Review

1985 ◽  
Vol 4 (1) ◽  
pp. 80-90 ◽  
Author(s):  
Michael Ursic
Keyword(s):  
Common Law ◽  
Empirical Work ◽  
Product Liability ◽  
Product Safety ◽  
Legal Issues ◽  
Consumer Product ◽  
Comprehensive Review ◽  
Consumer Product Safety ◽  
The Common ◽  
The Law

It is imperative that businessmen understand the law concerning consumer product safety warnings if they are to minimize their losses in product liability suits; yet the legal issues in this area are often vague and complex. This paper will attempt to clarify these issues by providing a comprehensive review of the statutory and common law requirements concerning safety warnings. In addition, both the existing and the needed empirical work which could aid businessmen in complying with the common law will be delineated.

The Plaintiff's Attorney

1978 ◽  
Vol 22 (1) ◽  
pp. 669-669
Author(s):  
Harry M. Philo ◽  
Linda Miller Atkinson
Keyword(s):  
Human Factors ◽  
Product Design ◽  
Product Liability ◽  
Accident Prevention ◽  
Product Safety ◽  
Social Purpose ◽  
The Social ◽  
Trial Judges

The social purpose of product liability litigation is product safety and accident Prevention. The role of the Human Factors Expert in that context is to educate juries, trial judges and appellate judges, attorneys, and experts in product design. The role of the Human Factors Expert in this context also includes being educated by the attorney's hindsight and experience, the technical materials, and by due care standards rather than compromise standards.

scholarly journals Competition, Product Safety, and Product Liability

2017 ◽  
Vol 33 (2) ◽  
pp. 237-267 ◽  
Author(s):  
Yongmin Chen ◽  
Xinyu Hua
Keyword(s):  
Product Differentiation ◽  
Spatial Model ◽  
Product Liability ◽  
Product Safety ◽  
The Other ◽  
Market Environment ◽  
Other Hand ◽  
Potential Gain ◽  
Safety Investment ◽  
The Relationship

Abstract A firm’s incentive to invest in product safety is affected by both market environment and product liability. We investigate the relationship between competition and product liability in a spatial model of oligopoly, where reputation provides a market incentive for safety investment and higher liability may distort consumers’ incentive for product care. We find that partial liability, together with reputation concerns, can motivate firms to make safety investment. Increased competition due to less product differentiation diminishes a firm’s gain from maintaining reputation and raises the socially desired product liability. On the other hand, an increase in the number of competitors reduces the benefit from maintaining reputation, but has a non-monotonic effect on the potential gain from cutting back safety investment; consequently, the optimal liability may vary non-monotonically with the number of competitors. In general, therefore, the relationship between competition and product liability is subtle, depending on how competition is measured. (JEL L13, L15, K13)

Introduction And Modern Historical Outline

2020 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Richard Goldberg
Keyword(s):  
Consumer Protection ◽  
Criminal Law ◽  
Product Liability ◽  
Product Safety ◽  
General Application ◽  
Consumer Protection Act ◽  
Historical Outline ◽  
Expression Product ◽  
General Product ◽  
By Products

The expression ‘product liability’ is usually understood to refer to the civil liability of manufacturers and others where damage or loss is caused by products which fail to meet the standards claimed expressly or impliedly for them or which are dangerous or otherwise defective. Such liability may arise either in contract or in tort and both aspects are covered in some detail in the course of this work. A further aspect which is discussed in less detail involves the use of the criminal law. Relevant provisions may apply either to particular types of product or be of more general application. The former are referred to only in passing whilst examples of the latter include Pt II of the Consumer Protection Act 1987 and other measures concerned with general product safety.

scholarly journals Forensic Engineering Investigation of Workplace Incidents Involving Machinery

2015 ◽  
Vol 32 (1) ◽  
Author(s):  
Richard M. Ziernicki
Keyword(s):  
Occupational Safety ◽  
Failure Modes ◽  
Product Liability ◽  
Product Safety ◽  
Economic Feasibility ◽  
National Standards ◽  
Health Administration ◽  
Product Defect ◽  
Engineering Investigation

On many occasions, a forensic engineer faces numerous questions when investigating workplace incidents involving machinery, such as: Why did this incident happen? Was it the operator who caused the incident? Was the operator properly trained? Was the equipment properly maintained? Was the equipment defectively designed or manufactured? This paper focuses on potential product defect issues. How can one determine whether the product was defec-tive and unreasonably dangerous? The paper outlines issues related to the investigation of product liability cases, and discusses potential procedures and steps to be taken in order to establish whether the product is defective or unreasonably dangerous. The author explains the role of industrial regulations and standards from sources such as the Code of Fed-eral Regulations (CFR), Occupational Safety & Health Administration (OSHA), American National Standards Institute (ANSI), International Organization for Standardization (ISO), and other entities in the process of as-sessing product safety. In addition, the role of the safety triad, technical and economic feasibility, and warnings/instructions in assessing product safety are examined. The author also discusses another useful approach to safety: implementation of Failure Modes and Effects Analysis (FMEA). Finally, two product cases are presented to illustrate the process of safety analysis and investigation.

22. European consumer law

2020 ◽  
pp. 704-730
Author(s):  
Geraint Howells
Keyword(s):  
Consumer Protection ◽  
Negative Impact ◽  
Product Liability ◽  
Product Safety ◽  
Consumer Law ◽  
Eu Legislation ◽  
European Consumer ◽  
Unfair Terms ◽  
The Right ◽  
Right Of Withdrawal

This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.

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