4097978020

4097978020 - Safe against what ME4214 Design for Product Safety Safe Design Dr David Yuen Department of Mechanical Engineering The Hong Kong

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1 ME4214 Design for Product Safety Safe Design Dr. David Yuen Department of Mechanical Engineering The Hong Kong Polytechnic University 2 Safe against what? • Safety against accidents leading to human death or injuries – amust • Safety against long-term health effects? • Safety against damage to the environment? • Malfunctioning in general? 3 What is a safe product or system? • No injury to user, (products liability) • No injury to consumer /society • No injury to production worker (e.g. OSHA) • No damage to personal property • No damage to real property (environment) 4 According to law A safe product is: A product which ensures a high level of protection in respect of the essential requirements, taking into account; • the characteristics of the product, including its composition, packaging, instructions for assembly and maintenance; • the effects it will have on other products, where its use with other products is foreseen; • the instructions concerning its placing on the market, labelling, use and disposal and other information provided by the producer, • the categories of consumers at risk using the product.
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5 Design for Safety: A Critical Mandate • Product liability law is biased in favor of litigation, even when the plaintiff’s claim of defective design is dubious • Current liability law imposes strict responsibility on the part of the manufacturer for both design and manufacturing defects • Plaintiffs do not need to prove negligence; if the product itself is defective the manufacturer is liable. • All that must be proved is that… 1. The product is defective (l.e., hazardous) 2. The defendant is legally responsible for the defect 3. The defect caused harm to the plaintiff 6 Legal Liability For Flaws • Principle: The person or entity that creates and profits from a flawed product ought to bear the costs that that flaw causes. – Better product quality through fear of the consequences. • Liability may already exist under product liability theory. • Some circumstances may be sufficiently critical to health or safety that insurance against liability may be denied as a matter of law. • UCITA is trying to allow vendors to repudiate responsibility for flaws. 7 Legal Responsibilities Plaintiffs attorney will try to prove that the company or its employees failed to: • perform “appropriate analyses.” • comply with published standards. • make use of state-of-the-art technology, due to ignorance. • include reasonable safety features or devices. • take into account how the user might misuse the product. • consider hidden dangers that might surprise the user. • consider variations in materials, mfg processes, or effects of wear. • carry out appropriate testing, or interpret results correctly.
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This note was uploaded on 04/06/2010 for the course ME ME4214 taught by Professor Dr.yuen during the Spring '10 term at NYU Poly.

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4097978020 - Safe against what ME4214 Design for Product Safety Safe Design Dr David Yuen Department of Mechanical Engineering The Hong Kong

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