1995 Fiscal Year Final Research Report Summary
Establishment of Product Safety Guideline
| Project/Area Number |
06620025
|
|---|
| Research Category |
Grant-in-Aid for General Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
International law
|
|---|
| Research Institution | KYUSHU UNIVERSITY |
|---|
Principal Investigator |
KITAGAWA Toshimitsu Kyushu University, Faculty of Law, Professor, 法学部, 教授 (60253382)
|
|---|
| Project Period (FY) |
1994 – 1995
|
| Keywords | Product liability / Product safety / Strict liability / Defect / Development risk / State of the art / Assumption of risk / Misuse |
|---|
| Research Abstract |
The present paper reflects my research with a view to establishing new product liability Guidelines by means of product liability legal theory and court cases relating to safe design, safe manufacturing and safe sales of completed products, parts and components and law materials. At present we cannot find any Product Liability Guidelines nor in Japan nor in any other part of the word. For this purpose, firstly, I selected the products which were the target of product liability litigations in Japan and in the United States, Secondly, I analyzed various legal theories and cases to clarify the legal cncept of defect. Thirdly, I analized and reviewed the legal concept of defect to distinguish pattern in the court opinions in determining defect at various litigations. This analysisz and review would be the key to the Product Safety Guidelines.
Under this, (i) I did research on the cases of defective design, defective manufacturing process and defective warning identifying the legal theory ap
… More
plicable thereto. (ii) I further conducted a research on the engineering issues. These issues included the following ; (i) to what extent manufacturers should make their product safe therough tecnology, (ii) how to achiev product safety when no practicablly applicable technology is available. (iii) how "state of the art" legal theory would work. (iv) how the legal theory of "development risk" would work. (v) How "patent danger" legal theory would work. (iii) Third research was to form a rule solving the question as to "to what extent manufacturers" should spend money for safety of their proucts, including new sophisticated safety devices. (iv) Forth issue was related to the warnind information on the products. To decide an adequate warning is one of the real key to product safety. (v) Last issue was the conduct of the injured. It should be noted that product safety cannot be achieved without the cooperation of consumers. This issue including the legal theory of "misuse", assumption of risk and contributory negligence. Less
|
