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Designing Safer Products: Corporate Responses to Product Liability Law and Regulation

机译：设计更安全的产品：企业对产品责任法律和法规的回应

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Of all the various external social pressures, product liability has the greatest influence on product design decisions. The other influences largely work through the product liability mechanism. In industries with potentially high-hazard products, but not subject to significant product-related regulation (e.g., industrial machinery), product liability probably dominates design decisions, in terms of safety considerations. In industries subject to moderate regulatory pressures (industries subject only to CPSC regulation, for example), the influence of product liability likely overshadows that exercised by the regulators. Indeed, regulatory actions in such industries may be perceived as important or unimportant depending primarily on their impact on a firm's liability exposure. Even recalls mandated by regulatory agencies may have their major effect in the form of more product liability suits and a weakening of the firm's defense in such suits. Only in a few highly regulated industries (drugs and aircraft, for example) does regulation likely exceed product liability as a design influence. Even here, the liability consequences of design decisions are seldom far in the background. Legislation now under consideration by the Congress seeks to alter both the variance and the mean of current product liability law, especially as concerns what constitutes unsafe design.

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