Standards and how to use them

The issue of product liability law is discussed. While most product liability law is a creature of state law, there are many areas where Congress has said that state-by-state regulation is improper. Because the growth in regulation has been so rapid, it is often the manufacturer who has the best han...

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Bibliographic Details
Published in:Machine design 1994-05, Vol.66 (9), p.168-168
Main Author: English, Lawrence K
Format: Magazinearticle
Language:English
Subjects:
Attorneys
Company legal issue
Compliance
Federal regulation
Government regulation
Laws, regulations and rules
Liability
Litigation
Product liability
Products liability
Public sector
Standardization
State laws
State regulation
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Summary:The issue of product liability law is discussed. While most product liability law is a creature of state law, there are many areas where Congress has said that state-by-state regulation is improper. Because the growth in regulation has been so rapid, it is often the manufacturer who has the best hands-on feel for the range of regulations that apply to his product. While the attorney should be aware of this spectrum of regulations by the time the product gets to trial, much time and money can be saved if a comprehensive set of applicable regulations are provided for the attorney. This is critical, because in many cases where the federal government has spoken, no state is entitled to create its own standards. This means that a jury cannot be asked or allowed to determine a balance in a performance or design area where a federal regulation has already determined the balance to be struck. The jury may only determine whether or not a party is in compliance with the standard set.
ISSN:0024-9114
1944-9577