Lawsuit! - Goodden, Randall L

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Résumé :
Addressing product liability concerns and laws both in the U.S. and internationally, this book helps manufacturers and engineers develop and implement proactive processes that can reduce liability concerns and potential lawsuits. It discusses preventive measures in the engineering, development, and manufacturing of products and explains the procedures and processes manufacturers must have in place to reduce the likelihood of liability as well as to provide the best defense in case of a lawsuit. This is a premier resource for engineers, manufacturers, risk managers, and others concerned about product liability....

Biographie:

RANDALL L. GOODDEN is recognized around the world as a leading expert and author on product safety and product liability prevention. Through his public and in-house seminars around the world, he has taught product safety and product liability prevention to thousands of manufacturing executives. For more than twenty-five years, Mr. Goodden has worked as a Director and then Corporate Vice President in charge of Quality & Product Reliability, New Product Development, Field Services, and Litigation Management for a large international manufacturing corporation. Mr. Goodden is the President of Goodden Enterprises, LLC and the founder and Chairman of the International Product Safety & Liability Prevention Association....

Sommaire:

Preface xiii

Acknowledgments xv

1. An Introduction to Products Liability 1

1.1 Courts and Jury Perceptions 4

1.2 Judicial Hellholes 5

1.3 Legal Reform 7

1.4 Impact on Manufacturers 8

1.5 Public Perception of Corporations 10

1.6 Product Liability from the Insurance Perspective 15

1.7 Insurance Companies Supporting PLP Programs 18

1.8 Recommendations that Can Be Used on Products Liability Accounts Related to Design, Advertising, Instructions, and Product Recall 20

1.9 Tougher Requirements from the CPSC 22

1.10 #1 Verdict of 1999: $4.9 Billion Against GM for Gas-Tank Explosion-Live Defense Demonstration Backfires and Turns the Tide 26

2. Product Liability Around the World 35

2.1 United States 38

2.2 Australia 50

2.3 Canada 59

2.4 China 67

2.5 Europe: Part 1 71

2.6 Europe: Part 2 76

2.7 Japan 83

3. Product Liability Law 93

3.1 Restatement Third of Torts 94

3.2 Commonly Used Terms and Definitions 98

4. New Product Introduction: More Effective Design Reviews 115

4.1 The Different Stages or Types of Design Reviews 122

4.2 Creating the Design Review Team 123

4.3 Making Design Reviews the Policy 125

4.4 Developing the Design Review Procedure 127

4.5 Minutes of the Design Review 131

4.6 Policies and Procedures-Assets and Liabilities 131

4.7 Engineering Change Control 132

4.8 Traceability and Recall Preparedness 133

4.9 Measuring the Effectiveness of the Design Review Team 134

4.10 In Conclusion 134

5. New Product Introduction: Product Safety Reviews Hazards Analysis, and Risk Assessment 135

5.1 Creating the Product Safety Team 136

5.2 Elements of the Hazards Analysis 137

5.3 Design Review-a Viewpoint of the Consumer Product Safety Commission (CPSC) 138

5.4 Failure Mode and Effects Analysis (FMEA) 139

5.5 Cause-and-Effect Diagram 142

5.6 MIL-STD 882 143

5.7 Hazards Analysis Software 148

6. Product Testing 149

6.1 The Initial Design Process 150

6.2 Conducting Product Tests 150

6.3 Building a Testing Lab 151

6.4 Complying with Domestic or International Standards 154

6.5 Testing Products and Reacting to Test Results 154

7. Warnings and Instructions 157

7.1 The Legal Duty to Warn 158

7.2 Presumption 159

7.3 No Need to Warn Sophisticated Users 160

7.4 The 2007 ANSI Z535.4 Standard for Product Safety Signs and Labels 161

7.5 The New Standard: ANSI Z535.6 173

8. Product Warranties 179

8.1 Examples of Warranty, Warranty Disclaimer, and Exclusive Remedy 180

8.2 Limitation of Liability 180

8.3 A Businessperson's Guide to Federal Warranty Law (http://www.ftc.gov) 181

8.4 Offering Service Contracts 199

8.5 Statement of Terms and Conditions 200

8.6 Disclaimer or Limitation of Implied Warranties 200

9. Product Marketing 201

9.1 Deceptive Advertising v. Defects in Marketing 204

10. Contracts, Purchase Orders, and Agreements 207

10.1 Lack of Supplier Control 208

10.2 Guilty by Association 209

10.3 Purchase Orders 210

10.4 Recall Considerations 212

10.5 Distribution of the Purchase Order Terms and Conditions 212

10.6 Customer Contracts 213

10.7 The China Syndrome 215

10.8 Restructuring Import Contracts When Importing Goods from China 216

11. Records Retention and Dangerous Documents 227

11.1 Records Retention Programs 228

11.2 Hard Copy Storage 229

11.3 Reco...