Product Liability Issues Research Articles

Exploring the Relationship between Consumer Protection and Product Liability: Civil and Islamic Perspectives

Consumer protection is an aspect which aims to ensure that consumers are always given adequate protection from a legal perspective and also to increase the level of consumers’ trust in the quality of goods and services, which will, in turn, contribute to the economic growth of a nation. However, today, issues surrounding product liability cases are no longer uncommon, where consumers or third parties face the risk of suffering injury or property damage due to the existence of defects in a particular product. Thus, the main objective of this study is to analyze the relationship between consumer protection and product liability from both civil and Islamic perspectives. The type of research being carried out is doctrinal legal research. The data sources, including case law and statutory provision, are analyzed using content and critical analysis methods. The results show that according to civil and Islamic perspectives, consumer protection in the context of product liability plays a crucial role in conferring legal protection to consumers who are adversely affected by the use of particular products that pose a risk to health and safety. Further, the authors expect that the results of this study shall contribute new and significant knowledge by proving that the aspect of consumer protection is not only related to product liability issues from a civil perspective, but it is also can be evaluated from the Islamic perspective, which the earlier researchers have rarely discussed.

Turkish Product Liability Law from the Perspective of European Law

Abstract Product liability has been, and continues to be, a problematic area in Turkish law. Prior to legislative attempts to introduce strict product liability, producers could only be held liable based on their fault. Although liability based on fault cannot provide appropriate solutions to all product liability problems, the Turkish Court of Cassation was in the process of establishing case law that was suitable to most product liability issues. However, this development was interrupted by problematic legislative attempts to introduce strict product liability, which became the focus of academic literature on product liability. The final of these legislation attempts is the Product Safety and Technical Regulations Act of 2020. In this Act, product liability and product safety rules are intertwined with each other. This is problematic for product liability provisions, since concepts and rules that should remain in product safety law are transferred to product liability law. The Act claims to be in line with the Product Liability Directive of 1985. However, this is far from accurate. The Act fails to harmonise Turkish law with the Product Liability Directive of 1985, let alone offer solutions to problems that have become apparent since 1985. This article attempts to highlight the product liability issues caused by the Act and interpret its provisions in a manner that is as compatible with European law as possible.

Closing the global vaccine equity gap: equitably distributed manufacturing

Closing the global vaccine equity gap: equitably distributed manufacturing

Институт ответственности за вред, причиненный дефектной продукцией, в законодательстве России: большой потенциал или клубок противоречий?

The article provides a comparative analysis of the Russian and foreign law on product liability issues. The author concludes that on a number of key points (the concept of «product», the liability of seller as well as manufacturer, the shortened list of grounds for exemption from liability) the Russian model of liability for defective product is much more pro-consumer than its analogues in foreign law. However, this leads to some difficulties in law enforcement. At the same time, the broad definition of defective products as any goods, works and services (including immovables, professional services, etc.) leads to conflicts with other grounds of liability, as well as to the excessive application of the product liability rules. The equal liability of the manufacturer and the seller to the consumer, provided by the Russian law, regardless of the seller’s influence on manufacturing process, seems unfair and not typical for the legislation of foreign countries. Finally, the limited list of circumstances in Art. 1098 of the Civil Code exempting the manufacturer or seller from liability, formulated without considering modern technologies of production and promotion of goods, autonomy of some goods or their universal purpose (suitability for personal and professional use), can also lead to an unfair distribution of risks between the manufacturer and the consumer. The above negative aspects point to the need to reform the institute in question, including the clarification of its scope.

Micro formed holographic security features in steel

Counterfeiting, with a global trade volume of approximately 450 billion euro a year compromises business results of companies in all industrial segments. At worst, product plagiarism causes severe damages to the individual brand reputation due to product defects or liability issues. Therefore, product integration of inseparable and unique security features is essential for a preserving market share in all manufacturing branches. This paper presents a novel approach regarding a replication technology for the manufacturing of holographic security features. Using a microstructured aluminium substrate with holographic properties as a base material, a forming die is manufactured by a combination of physical vapour deposition (PVD) and galvanic coating processes. Furthermore, a process adapted hardness progression between individual layers was created. By the use of this die, the forming of a holographic microstructure into high strength aluminium alloy (3.3547) and spring steel (1.1248) could be demonstrated within a preliminary study.

Global Safety Culture, or Strategic Chains of Co-Operation?

Safety Culture has been under the microscope for a number of years, now, particularly in the light of accidents and disasters, within many industries that can be considered to be ‘safety critical’. However, as our businesses become ever more integrated within the global value chain, how can we ensure that the right safety requirements are embedded and achieved, within diverse attitudes to safety, in a global context?The paper also looks at headline safety accidents, to provide some background to the product liability issues that provide a practical basis for the proposed strategic direction for product safety assurance and strategic safety culture.

NDT Reliability in the Organizational Context of Service Inspection Companies

AbstractThe focus of NDT reliability research in the past was in the field of two high risk industries: (atomic) power plants and aircrafts. The responsible organizations have been well aware of the risks and founded projects to understand and optimize critical steps during production, operation and maintenance. But the use of NDT is not limited to these two fields. The risks during operation of chemical plants, trains or windmills are different from the area above but evident. The coverage by legal regulations is relatively low. Instead of this owner responsibility, product liability and financial issues are the driving forces to do inspections and to use non-destructive testing. The different targets and financial issues influence the practice of NDT-inspections. A survey of this practice and its results are shown.

The debate over robotics in benign gynecology

The debate over the role of the da Vinci surgical robotic platform in benign gynecology is raging with increasing fervor and, as product liability issues arise, greater financial stakes. Although the best currently available science suggests that, in the hands of experts, robotics offers little in surgical advantage over laparoscopy, at increased expense, the observed decrease in laparotomy for hysterectomy is almost certainly, at least in part, attributable to the availability of the robot. In this author's opinion, the issue is not whether the robot has any role but rather to define the role in an institutional environment that also supports the safe use of vaginal and laparoscopic approaches in an integrated minimally invasive surgery program. Programs engaging robotic surgery should have a clear and self-determined regulatory process and should resist pressures in place that may preferentially support robotics over other forms of minimally invasive surgery.

Consumer Product Recalls: The United States Experience and Some International Implications

Much of the legal literature on consumer products focuses on product safety and product liability issues, rather than on the mechanics of the product recall process itself. This paper redresses this shortcoming by examining the product recall processes in both the United States and, by way of contrast, the European Union. We observe the ways in which these recall processes are substantially similar and provide practical observations as to why multinational companies should look at recalls from the perspective of preserving their global reputation. Finally, we offer some suggestions to improve the recall process and better protect consumers.

An approach for assessing CCP effectiveness in food production applications by predictive QRA modelling

The basic process in creating hazard analysis and critical control point (HACCP) plans is that significant hazards associated with a food product are determined, and then the key steps where a hazard might occur in food production are redesigned in an effort to avoid insertion of a critical control point (CCP). In the event that it is not possible to remove the risk of a hazard by redesigning the process steps, a CCP should be inserted. Production of safe food ultimately relies on the effectiveness, i.e. the capability and reliability, of process design and, where necessary, control and monitoring systems at a CCP. Therefore, pre-established thresholds must be monitored and managed to ensure that food safety is maintained. Doménech et al. [Assessing the effectiveness of critical control points to guarantee food safety. Food Control 2008;19:557–65] proposed an original approach to quantify the effectiveness of a CCP based on the consideration of the capability and reliability of the control and monitoring system related to food manufacturing and public health. The article described a methodology for measuring the effectiveness of a CCP in terms of the risk to consumer health as well as the potential impact on company revenues. This paper presents the fundamentals of an application example of the methodology to integrate CCP effectiveness assessment into predictive QRA modelling. The method is original and its application in the food industry could provide the decision-maker with a quantitative tool for setting critical limits and monitoring variations at a CCP. This would allow risk management decisions to be made at-line (i.e., in real time) during a specific process. Not only could this prevent a hazardous food from reaching the consumer, but it also could contribute to reduced expense for the producer. The wasted expense of product completion incorporating a tainted material would be avoided as well as the potentially higher costs associated with product liability issues.

An Investigation and Analysis of the Product Liability of Manufacturers in Shenzhen

Product liability refers to the liability of producers, distributors and suppliers for consumers’ property losses or personal injury caused by that product. This paper conducted a survey related to product liability issues in Shenzhen City, and did an in‐depth analysis of current problems. Finally, the paper puts forward corresponding suggestions for improvement of Shenzhen City product liability status.

The Anthropology Of Big Pharma

The Anthropology Of Big Pharma

Human Factors and Ergonomic Science in the Courts: Expert Testimony in the Dispute Resolution Process

The science of human factors and ergonomics (HF/E) contributes to the dispute resolution process in many ways. HF/E analysis can provide insights into product liability issues, vehicular accidents, industrial accidents, and more. The field is increasingly being recognized by lawyers as a means to help jurors and judges understand why events may have occurred; for example, why someone would use a product or drive a vehicle in a seemingly unsafe manner. Often, probable causes relate to design-induced or system-induced error. To understand the litigation influence of HF/E, we analyzed cases involving HF/E experts. Our findings revealed that: (1) HF/E science is well recognized in the judicial system; (2) competent HF/E experts are viewed as contributing to litigated matters; (3) individuals without HF/E training and experience will not be recognized as HF/E experts; and (4) admissibility demands that the intellectual rigor used for court must be consistent with other discipline-related work.

Toward a Criminal Law for Cyberspade: Product Liability and Other Issues

Toward a Criminal Law for Cyberspade: Product Liability and Other Issues

Cyber Security: Of Heterogeneity and Autarky

The wonder of the Internet is incredibly capable computers connected with each other under the control of individuals. For all of the reasons that we think that decentralization is a powerful force we have applauded the ability of individual users to set up websites and make their ideas available to others. But there is a dark side as well. Always - on connections, extra computing cycles and gigabytes of storage to burn mean that individual decisions can propagate throughout the network quickly. The small-worlds phenomenon that is the Internet means that my computer is only a handful of clicks away from a malicious computer programmer. My decisions matter for your computing life. A malicious hacker can turn my computer into a zombie and use my broad-band connection and my computer to shut down websites, to send millions of spam emails, or worse. The network is a sea of computing externalities, many extraordinarily positive but others that can range from everyday bothersome to enormously disruptive. And, in the hands of a cyber-terrorist, the more we embed critical infrastructure into the public network, the more we make it possible for a cyber-terrorist to turns our computing resources against us and thereby harm critical infrastructure, such as the electricity grid or our communications networks. Addressing cyber security is a mixed question of engineering - computing architecture - and legal rules. The zombie PC problem emerges with the rise of the Internet and decentralized control over PCs. The pricing structure of the Internet world-one-price, all-you-can-eat broadband and lumpy computing power in the form of powerful CPUs kills off many of the natural incentives for an individual to ensure that her computing resources are not being used by others. This can be good, as it creates many opportunities for sharing, but the downside is that there is little reason for the individual computer user to police against zombification. In this article, I consider two issues in detail. The monoculture argument is one approach to architecting the network. That argument suggests that we should focus on forcing heterogeneity in operating systems to enhance our cyber security. I think that is the wrong emphasis. On its own terms, the argument tells us little about the extent of diversity that would be required to achieve meaningful protection, especially if our concern is the cyber-terrorist. The argument also ignores the more important question of adaptability, meaning how quickly can the current system adapt to new conditions. Instead, I argue in favor of the traditional approach of isolation - autarky - in separating critical infrastructure from the public network. Second, I consider the way in which liability rules for software might influence the quality of software and software use decisions. Hackers can exploit defects in software to seize control of machines. Fewer defects to exploit and we might reduce the harms of hackers. This turns out to be tricky. Broad liability rules that would protect consumers from the harms of hacking will lead to the standard moral hazard problem that we see in insurance. Consumers who shouldn't be using computers or on the network will jump on once they are protected from hacking losses. These are standard products liability issues, but software has two particular features that suggest that we should not just apply our standard approaches to products liability. First, we learn about software through use. One piece of software is combined with other software in a way that a Coke bottle is rarely combined with anything else. Second, software can adapt and can be fixed in place after-the-fact. Both of these features should push towards earlier release of software, for buggy software to be fixed later.

Selling drugs online: distribution‐related legal/regulatory issues

The online distribution of prescription‐only pharmaceutical products raises serious legal and regulatory issues, including how governments, agencies, or organizations will regulate and monitor such activities, particularly when the distributors are offshore Web sites. This paper discusses the current regulatory environment for marketing prescription‐only drugs online and distributing them across national borders, along with product liability issues. Four hypothetical scenarios focus on key legal and regulatory issues.

Emerging Liability Issues for the New Electric Power Industry

Proactive preparation for contract negotiations—including dealing with products liability issues—is necessary in order to achieve all of the advantages offered by increased competition in the electric power industry. An educated customer will be the most successful customer.

Postural instability induced by virtual reality exposure: development of a certification protocol.

Exposure to virtual environments often causes users to experience symptoms of motion sickness. An accessory manifestation of motion sickness symptoms is postural disequilibrium. If the postural disequilibrium that occurs persists beyond the time an individual is within the confines of the laboratory or system site, user safety could be compromised and products liability issues could be forthcoming. In this study, a portable, automated postural assessment system is developed that can be employed before and after exposure to a virtual reality (VR) system in order to certify that a user's balance on exiting the system is at least demonstrably as good as it was on entering. It is argued that if the "coming out" balance performance is sufficiently poorer than the "going in" balance, then the user should be retained until the pretest balance performance is regained. The results from a set of normative and validation experiments on postural equilibrium identified several reliable measures of stance that could serve as a basis for certification. Furthermore, a new automated video-based measure using only head movement showed that performance over sessions is stable and reliable. The head movement changes that occur with stimuli, such as alcohol and simulator exposure, are well behaved, predictable, and significant even with small samples. The implication is that the proposed objective measure of postural stability, in conjunction with procedures for obtaining self-reports of symptoms, can afford some measure of certification that exposure to a given VR system is without harm.

Quality Control and Quality Assurance in Individual Monitoring of Ionising Radiations

This paper describes the programmes and approaches that are to be considered in developing and introducing quality assurance and quality control procedures in individual monitoring services. Quality assurance and quality control in individual monitoring services are essential to maintain quality and are of increasing importance in order to meet the requirements of national regulations and international standards and guidelines. It is recommended here that all organisations offering individual monitoring services should run their services based on the principles of a Quality System as given in the European Standard EN45001 and maintain a property resources QA/QC programme as an integral part of their operations. All aspects of QA/QC in individual monitoring services starting from the initial selection, installation, calibration, and operation to the final products including dose reporting, dose record keeping, dealing with customers' complaints and product liability issues have been discussed.

Quality Control and Quality Assurance in Individual Monitoring of Ionising Radiations

This paper describes the programmes and approaches that are to be considered in developing and introducing quality assurance and quality control procedures in individual monitoring services. Quality assurance and quality control in individual monitoring services are essential to maintain quality and are of increasing importance in order to meet the requirements of national regulations and international standards and guidelines. It is recommended here that all organisations offering individual monitoring services should run their services based on the principles of a Quality System as given in the European Standard EN45001 and maintain a property resources QA/QC programme as an integral part of their operations. All aspects of QA/QC in individual monitoring services starting from the initial selection, installation, calibration, and operation to the final products including dose reporting, dose record keeping, dealing with customers' complaints and product liability issues have been discussed.