Product Liability, Legislative Hearings: Hearings Before the Subcommittee on Consumer Protection and Finance of the Committee on Interstate and Foreign Commerce, House of Representatives, Ninety-sixth Congress, First Session ....U.S. Government Printing Office, 1980 - 1019 pages |
Other editions - View all
Common terms and phrases
American Insurance Association award believe bill BROYHILL Captive Insurance Companies caused Chairman claimant Colorado Captive commercial insurance Committee Congress consumer costs court coverage deductibles defective defendant Department of Commerce Distributors draft employer enacted Federal harm injury insurance industry jury legislation litigation loss prevention machine manufacturer Model Act Model Law National Consumers League National Product Liability North Carolina operation party percent person plaintiff PREYER Product Liability Act product liability action product liability claims product liability insurance product liability law product liability problem Product Liability Risk product seller proposed punitive damages question rates reasonable regulation reinsurance responsibility Review Panel RINALDO Risk Retention Act risk retention groups safety self-insurance small businesses standards statement statute of limitations statute of repose strict liability subcommittee Task Force testimony tion TOCHEN tort law tort reform Uniform Product Liability Verlan workplace
Popular passages
Page 979 - We hold that a trial judge may properly instruct the jury that a product is defective in design (1) if the plaintiff demonstrates that the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner...
Page 1004 - New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania South Carolina South Dakota...
Page 564 - Bill 687 allows for the determination of liability for punitive damages to be made under "applicable law," it mandates a federal uniform burden of proof and a uniform standard of liability. By virtue of §203(3), a claimant must establish by clear and convincing evidence that the harm suffered "was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by the product.
Page 512 - ... on the manufacturer's ability, at the time of manufacture, to be aware of the product's danger and the nature of the potential harm and the practical technological feasibility at the time of manufacture of eliminating the danger or warning against it.
Page 937 - To place the incentive for loss prevention on the party or parties who are best able to accomplish that goal; 4.
Page 169 - STATEMENT OF HON. JOHN J. LaFALCE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK Mr. LAFALCE. Thank you very much, Mr. Chairman. It is an honor to be here today to testify at the joint hearings of the Agriculture and International Relations Committees.
Page 608 - In order to determine that the product was unreasonably unsafe in design, the trier of fact must find that, at the time of manufacture, the likelihood that the product would cause the claimant's harm or similar harms, and the seriousness of those harms outweighed the burden on the manufacturer to design a product that would have prevented those harms, and the adverse effect that alternative design would have on the usefulness of the product.
Page 190 - Act provides that the manufacturer "is under an obligation to provide adequate warnings or instructions to the actual product user unless the manufacturer provided such warnings to a person who may be reasonably expected to assure that action is taken to avoid the harm, or that the risk of the harm is explained to the actual product...
Page 104 - ... (1) Any person, partnership, or corporation who violates an order of the Commission to cease and desist after it has become final, and while such order is in effect, shall forfeit and pay to the United States a civil penalty of not more than $5,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the United States.
Page 766 - ... participated in or observed such examination or testing, and failing to do any one of them shall list the name and business address of each person who supervised or conducted each examination or test establishing such findings of fact. 4.3 Opinions and Conclusions: 4.3.1 The report shall contain all of the technical opinions and conclusions rendered by the expert concerning the purpose for which he was engaged. 4.3.2 The report shall contain the logic and reasoning used by the expert in reaching...