Product Liability
CIE 1073 (1.2 CEUs)
Description
Products liability refers to the liability of any or all parties along the chain of manufacture of any product
for damage caused by that product. This includes the manufacturer of component parts (at the top of the
chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain).
Products containing inherent defects that cause harm to a consumer of the product, or someone to whom
the product was loaned, given, etc., are the subjects of products liability suits. While products are generally
thought of as tangible personal property, products liability has stretched that definition to include
intangibles (gas), naturals (pets), real estate (house), and writings (navigational charts).
(http://www.law.cornell.edu/wex/index.php/Products_liability#products_liability_law:_an_overview)
Objective
In recent years, products liability law has dramatically changed the manufacturer's responsibilities in the
design and production of products, with a resultant change in the concepts of safety and reliability. To
respond effectively to this shift in perspective, it is crucial to have an understanding of these legal concepts
in relation to the design and manufacturing process, as well as to marketing the product.
This day and a half live seminar, participants will understand what the law asks of product producers, and
what is considered to be a reasonably safe product. The seminar can range from a brief talk to an in-depth
seminar, with as much or as little detail as required by the audience.
Topics
Overview of Product Liability Law
— Quality Control
— Ethical Responsibilities of Professional Engineer
Theories of Liability
Warranty (contract) and Negligence (tort)
Quality Control by Buyer
(Buyer discovers defect on OEM part before installation in product)
— warranty (contract) product liability remedy
Consumer Product Liability
(Buyer’s Quality Control fails to discover defect, OEM part is installed in product)
— consumer does not suffer physical injury: Warranty (contract) remedy
— consumer suffers physical injury: Negligence (tort) remedy
Manufacturing Defects
Design Defects
Warnings Defects
Defenses
Proximate Cause
Automotive Litigation
Trade Secrets
Class Action Lawsuits
Anatomy of a Product Liability Lawsuit
— Discovery of documents in OEM’s possession (computer data base, emails)
— Interrogatories (written questions to OEM)
— Depositions (sworn testimony from OEM employees)
How to Avoid Lawsuits
— Quality Control
— Ethical Responsibilities of Professional Engineer (Have your views changed since the
beginning of this Seminar?).
Copies of Cases for Study and Discussion:
McPherson v Buick Motor Car Company (defective wheel by OEM)
Chastien v General Motors (defective seat belt by OEM)
The Ball Bearing is the Modern Horseshoe Nail
For want of a nail the shoe was lost.
For want of a shoe the horse was lost.
For want of a horse the rider was lost.
For want of a rider the battle was lost.
For want of a battle the kingdom was lost.
And all for the want of a horseshoe nail.
Material Included with Seminar
Owen and Phillips’ Products Liability in a Nutshell, 7th Edition (Nutshell Series/West, 2005)
ISBN: 0314155104
Target Audience
The seminar is intended to serve engineers, officers and management as well as design and administrative
personnel as an overview to product liability. Management will understand the basic reasons for
implementing the concepts of this course as a matter of corporate policy, while those who design and
manufacture the product can add these concepts to their toolbox for creating the reasonably safe product.
Administrative personnel will understand the importance of the topic for the company.
Instructor
Elmer E. White. White is a sole practitioner and trial attorney in Ann Arbor, Michigan. He previously was
the Special Assistant Attorney General, Highway Negligence. He received his J.D. from the University of
Michigan Law School.
White wrote Michigan Torts, ed. This title is intended to help you find answers to the legal questions that
are present in every claim of injury. White presents an overview of this important area of the law. This
provides an opportunity to locate a basic start to finding the answers you seek. Subjects covered include no
fault rules, insurance and intentional torts, malpractice, premises liability, and products liability. Chapter 9
is Product Liability. A Writing sample from this text can be found below or visit:
http://west.thomson.com/store/filinginstructions.aspx?product_id=1682&material_num=13507939
Continuing Education Units
A total of 1.2 CEUs will be awarded to each participant who completes the program. The CEU is a
nationally recognized means of tracking non-credit continuing education development. It confirms
participation in a structured professional development activity or course work. One CEU is awarded for 10
hours of completed activity or course work. A permanent record of each attendee’s participation is
maintained in the Office of the Registrar at the University of Michigan-Dearborn.
Register
Engineering Professional Development
Phone: 313-593-0938
Fax: 313-593-4070
URL: http://www.engin.umd.umich.edu/EPD/seminars.php
Email: epd-info@epd.umd.umich.edu