Basics of Product Safety and Designer Liability

MENG 2110. BASICS OF PRODUCT SAFETY AND DESIGNER LIABILITY I. Product safety Design for safety means ensuring that the product will not cause injury or loss. Two issues: Who or what is to be protected? How to implement protection? One main concern: the protection of people from injury. Some additional concerns: protection to the loss of property, and to the environment. Ways of implementing protection (in order of preference): 1. To design safety into the product (inherent safety, no possibility of damage). 2. To add protective devices (as shields, crash-protection, spill-protection, cutoff switches, etc.). It is difficult to make them foolproof. 3. Warnings of the dangers: the weakest (labels, sounds, flashing lights) and it does not absolve designer from liability. Pressures Towards Improved Safety Design 1 - Economic incentive (litigation, liability) 2 - Regulatory agencies 3 - Designer awareness and personal code (ethics) II. Products liability Products liability is a special branch of law dealing with alleged personal injury or property loss or environmental damage resulting from a defect in a product. A product liability suit is a common legal action: the plaintiff alleges injury and sues to recover damages from the defense. The usual testimony is expert reports regarding the device and the causes of the situation resulting in the lawsuit. The plaintiff must show on trial that the design was defective and that the designer’s company was negligent. There are three possible charges of negligence: 1. The product was defectively designed. Defense: keep good records, use and follow standards, use state-of-the-art evaluation, follows a rational design process. 2. The design did not include proper safety devices. Defense: Implement protection. 3. The designer did not foresee possible alternative uses. Defense: make the product “idiot-proof”. Requirements for Recovery of Damages Due to Negligence (Some legal terminology) 1 - Duty - A duty requiring the actor to conform to a certain standard of conduct for the protection of others against unreasonable risk. Engineering Duty and Standards 1 - Knowledge or Notice of Defective Condition 2 - General Safety Principles - Engineering Literature 3 - “Accepted” Engineering Standards: Published Standards - ANSI, ISO, IEC, SAE. State of the Art 4 - Regulatory Agencies Exceptions: Attractive Nuisance - Children Re Ipsa Loquitor - The Thing Speaks for Itself 2 - Misconduct - A failure on his part to conform to the required standard (actionable negligence) 3 - Proximate Cause - Reasonably close causal connection between the negligent conduct and the resulting injury. 4 - Damage - Actual loss or damage to the injured party. (Medical Expenses, Loss of Income, Pain and Suffering)