WHAT THE LAW REQUIRES OF THE THEARTOFTHEENGINEER 2229 Modeling for the Real World 2229 75. 1 .2 The Safety Factor 2230 PROFESSIONAL LIABILITY Liability of an Employee Liability of a Business THE LAWS OF PRODUCT LIABILITY Definition Negligence Strict Liability Express Warranty and Misrepresentation THE NATURE OF PRODUCT DEFECTS Production or Manufacturing Flaws Design Flaws Instructions and Warnings 2230 2231 2233 2235 2235 2236 2236 2236 2237 2237 2238 2238 . | CHAPTER 75_ WHAT THE LAW REQUIRES OF THE ENGINEER Alvin S. Weinstein . . . Martin S. Chizek . . . Weinstein Associates Brunswick Maine THE ART OF THE ENGINEER 2229 UNCOVERING PRODUCT Modeling for the Real DEFECTS 2239 World 2229 Hazard Analysis 2239 The Safety Factor 2230 Hazard Index 2240 Design Hierarchy 2240 PROFESSIONAL LIABILITY 2230 Liability of an Employee 2231 DEFENSES TO PRODUCT Liability of a Business 2233 LIABILITY 2241 State of the Art 2241 THE LAWS OF PRODUCT Contributory Comparative LIABILITY 2235 Negligence 2241 Definition 2235 Assumption of the Risk 2242 Negligence 2236 Strict Liability 2236 RECALLS RETROFITS AND Express Warranty and THE CONTINUING DUTY TO Misrepresentation 2236 WARN After-Market Hazard 2243 THE NATURE OF PRODUCT Recognition 2243 DEFECTS 2237 Types of Corrective Action 2243 Production or Manufacturing Flaws 2237 DOCUMENTATION OF THE Design Flaws 2238 DESIGN PROCESS 2244 Instructions and Warnings 2238 A FINAL WORD 2245 THE ART OF THE ENGINEER Modeling for the Real World Engineers believe that they practice their craft in a world of certainty. Nothing could be further from the truth Because this chapter deals with the interface between law and technology and because products liability is likely to be the legal area of concern to the engineer our principal focus will be on the engineering design of products or components of products. Think for a moment about the usual way an engineer proceeds from a product concept to the resulting device. The engineer generally begins the design process with some type of specifications for the eventual device to meet such as performance parameters functional capabilities size weight cost and so on. Implicit if not explicit in the specifications are assumptions about the device s .
