Neo no-fault products liability and the product design engineer
Article Abstract:
Neo no-fault products liability provides for a compensation system similar to that of workman's compensation. An injured party would have the option to be compensated with 180 days for economic damages in exchange for relinquishing right to bring tort action. Amount of damages would be standardized, and if the manufacturer does not offer settlement, traditional standards remain. This system offers a reduced standard of care and a higher burden of proof on the manufacturer's behavior which will benefit project engineers, particularly in encouraging employment of a design-team safety engineer.
Publication Name: Journal of Products Liability
Subject: Law
ISSN: 0363-0404
Year: 1992
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The strategic benefit of in-house counsel for products liability defendants
Article Abstract:
Producers of potentially hazardous products enjoy strategic benefits in the employment of in-house counsel above the obvious advantages of increased specialization, integrated liability prevention and economies of scale. The advantage is to be found in decreased settlement amounts for those cases settled in pretrial bargaining. This is because the in-house attorney is a fixed cost and variable costs to the defendant are non-attorney costs while both attorney and non-attorney costs are variable for those employing outside attorneys. Thus, in-house counsel leads to a bargaining advantage.
Publication Name: Journal of Products Liability
Subject: Law
ISSN: 0363-0404
Year: 1992
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Carpal tunnel syndrome: a products liability prospective
Article Abstract:
Carpal tunnel syndrome is a form of personal illness resulting from repetitive motion from the interaction of the hand and a manufactured device. A products liability action may therefore seek remedy for injury not compensated by any applicable worker's compensation. Negligence in distribution of products has five elements: duty to act or not act, breach of duty, actual or proximate causation, and actual harm produced. Effective arguments pro and con are being offered for each of these five elements as concerns carpal tunnel syndrome.
Publication Name: Journal of Products Liability
Subject: Law
ISSN: 0363-0404
Year: 1992
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