Liability and its Influence on Designing for Product and Process Safety

Document Type

Article

Publication Date

Winter 2007

ISSN

0925-7535

Publisher

Elsevier

Abstract

This paper sketches the regulatory framework within which design takes place and then focuses on tort liability in the USA and European Union domains, its doctrines of fault-based liability and strict liability, and their relevance to product and process design. It also discusses new environmental liability laws and other recent developments which have design implications. Finally, it discusses company decision-making on product and process design, a context in which the deterrent effect of tort liability, and many competing factors, are considered.

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