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Product liability and innovation : managing risk in an uncertain environment / Janet R. Hunziker and Trevor O. Jones, editors.
- Format:
- Book
- Author/Creator:
- National Academy of Engineering Staff, Corporate Author.
- Language:
- English
- Subjects (All):
- Technological innovations.
- Products liability.
- Risk management.
- Physical Description:
- viii, 205 p. : ill.
- Edition:
- 1st ed.
- Place of Publication:
- Washington, D.C. : National Academy Press, 1994.
- Language Note:
- English
- Summary:
- 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.
- Contents:
- PRODUCT LIABILITY AND INNOVATION
- Copyright
- Preface
- Contents
- Overview and Perspectives
- ROOTS OF THE DEBATE
- CONFLICTING EVIDENCE
- THE ENGINEERING PERSPECTIVE
- THE PRODUCT LIABILITY-INNOVATION DYNAMIC
- Expansion of the System Creates Uncertainty
- Another Perspective
- IMPACT ON ENGINEERING PRACTICES, INNOVATION, AND CORPORATE STRATEGIES
- Materials Suppliers
- General Aviation
- Automotive Industry
- Commercial Aviation and Pharmaceuticals
- WHAT CAN BE LEARNED FROM THESE INDUSTRY CASES?
- Product Liability Affects Industries Differently
- How Companies Manage the Risk of Product Liability
- THE SOCIAL, LEGAL, AND REGULATORY ENVIRONMENT
- WHAT CAN BE DONE?
- NOTES
- REFERENCES
- THE DYNAMICS OF INNOVATION AND PRODUCT LIABILITY
- Technology Issues and Product Liability
- DEFINING THE TERMS
- THE PRODUCT LIABILITY-INNOVATION LINK
- SPECIFIC TECHNOLOGY ISSUES
- CONCLUSION
- Making Product Liability Work for You: A Path Out of the Product Liability Jungle
- MANUFACTURING DEFECTS
- INNOCENT MISREPRESENTATION
- FAILURE TO WARN
- DESIGN DEFECTS
- TORT REFORM INITIATIVES
- State Tort Reform
- Federal Tort Reform
- INTERNATIONAL COMPARISON
- The Role of the Justice System in the Product Liability Debate
- COMMON MISPERCEPTIONS ABOUT THE PRODUCT LIABILITY SYSTEM
- OPPORTUNITIES FOR IMPROVEMENT
- IMPACT ON ENGINEERING PRACTICE, INNOVATION, AND CORPORATE STRATEGIES
- The Chemical Industry: Risk Management in Today's Product Liability Environment
- RISK MANAGEMENT
- BROAD IMPACTS OF PRODUCT LIABILITY LITIGATION
- IMPACTS ON NEW MATERIALS AND MARKETS
- SOLUTIONS
- Medical Devices, Component Materials, and Product Liability
- PERFORMANCE CHARACTERISTICS
- REGULATING MEDICAL DEVICES
- IMPORTANCE OF MEDICAL DEVICES.
- IMPACT OF PRODUCT LIABILITY
- The Suppliers' Dilemma
- Suppliers Become Liable, Too
- Impacts of Short-Term Solutions
- PRESCRIPTION FOR PROGRESS
- General Aviation Engineering in a Product Liability Environment
- AIRCRAFT ENGINEERING
- ENGINEERING CHANGES BROUGHT ABOUT BY PRODUCT LIABILITY
- Engineering Resource Allocation
- Documentation
- Joint Research Efforts
- Design
- Product-related Publications
- Certification
- Regulation
- Indirect Effects of Product Liability on a Corporation
- BACKGROUND
- PRODUCT LIABILITY IMPACTS
- Product Strategies
- Relationships with Other Firms
- Financing
- Relationship with Regulators
- Internal and External Communications
- Engineering Design
- Manufacturing
- Personnel Policies
- Handling Risk
- International Competitiveness
- REFORMS ARE NECESSARY
- The Effects of Product Liability on Automotive Engineering Practice
- PRODUCT LIABILITY IMPACTS ON AUTOMOTIVE ENGINEERING PRACTICE
- WHAT IS THE IMPETUS FOR MAKING CARS SAFER?
- REFERENCE
- Approaches to Product Liability Risk in the U.S. Automotive Industry
- FUNDAMENTAL PRINCIPLES OF AUTOMOTIVE PRODUCT LIABILITY LITIGATION
- Manufacturing Cases
- Warnings Cases
- Design Cases
- HOW IT ALL BEGAN: THE WAY WE WERE IN 1966
- IS THE U.S. AUTOMOTIVE INDUSTRY AFFECTED BY PRODUCT LIABILITY LITIGATION?
- The Nature of the Risks
- Trial
- Preventive Advice
- DOES U.S. PRODUCT LIABILITY LITIGATION DISCOURAGE ENGINEERING INNOVATION?
- Evidence That the System Does Discourage Innovation
- Evidence That the System Does Not Discourage Innovation
- THE WIDESPREAD DISSATISFACTION WITH THE U.S. PRODUCT LIABILITY SYSTEM
- The Automotive Engineering Reality
- Doctrinal Difficulties with Product Liability Law
- ROLE OF THE ENGINEERING COMMUNITY:THE MISSING CONTRIBUTOR.
- The Real Problem: Highway Safety
- THE ULTIMATE, TWENTY-FIRST CENTURY SOLUTION
- AREAS FOR FURTHER STUDY
- APPENDIX: REFORMING PRODUCT LIABILITY LAW
- Tort Reform
- Court-Led Reform
- Innovation, Engineering Practice, and Product Liability in Commercial Aviation
- PRODUCT DEVELOPMENT CYCLE
- RESPONDING TO PROBLEMS
- IMPACT OF PRODUCT LIABILITY
- Regulation, Litigation, and Innovation in the Pharmaceutical Industry: An Equation for Safety
- CONSTRAINTS DESPITE SAFETY NET
- MEDICINE AND POISON
- INDUSTRY SPECIFIC SAFEGUARDS
- EMPOWERMENT OF THE FDA
- THE 359 MILLION ROAD TO MARKET
- REDUCING EXPOSURE OF PRODUCTS IN DEVELOPMENT
- THE HIGH PRICE OF REGULATION
- IS REGULATION WORTH THE PRICE?
- CHILLING LESSONS OF BENDECTIN
- DISPARITIES BETWEEN GOALS OF REGULATION AND LITIGATION
- AREAS FOR TORT REFORM
- A VIABLE EQUATION
- Insurance: The Liability Messenger
- INSURANCE AS MESSENGER
- UNDERWRITING: RESPONSIBLE RISK TAKING
- THE ROOTS OF UNINSURABILITY
- LEGAL LIABILITY: SHORT-CIRCUITING THE INSURANCE MESSAGE
- Liability Principles and Uninsurability
- Science, Pseudo-Science, and Uninsurability
- The Litigation Crisis and Uninsurability
- Other Causes of Uninsurability
- TORT REFORM: REVIVING THE MESSENGER
- Junk Science in the Courtroom: The Impact on Innovation
- INSURANCE, RISK, AND THE ROOTS OF JUNK SCIENCE
- IMPACTS ON NEW TECHNOLOGIES
- LESS-THAN-OPTIMAL SOLUTIONS
- THE DAUBERT RULING
- INSURANCE AS A MODERATOR OF RISK
- GETTING TO YES
- Product Safety Regulation and the Law of Torts
- TORTS VERSUS STATUTES
- TORTS AND STATUTES AS COMPLEMENTS
- REGULATORY REFORM
- COMPENSATION
- CONCLUSIONS
- NOTES.
- The Inconvenient Public: Behavioral Research Approaches to Reducing Product Liability Risks
- ARENAS FOR RISK PERCEPTIONS
- SOURCES FOR UNDERSTANDING THE PUBLIC
- WHAT IS KNOWN
- People Simplify
- Once People's Minds Are Made Up, It Is Hard to Change Them
- People Remember What They See
- People Cannot Readily Detect Omissions in the Evidence They Receive
- People May Disagree More about What Risk Is Than about How Large It Is
- People Have Difficulty Detecting Inconsistencies in Risk Disputes
- Experts Are People, Too
- APPLYING BEHAVIORAL RESEARCH
- The Interface of Products, People, and Law
- Predicting Product-Use Problems
- Warning Users about Potential Risks
- Improving the Usage of Existing Products
- Improving Product Design
- Contributors
- Index.
- Notes:
- Bibliographic Level Mode of Issuance: Monograph
- Includes bibliographical references and index.
- ISBN:
- 9786610211036
- 9781280211034
- 1280211032
- 9780309587198
- 0309587190
- 9780585023533
- 0585023530
- OCLC:
- 923261303
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