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【正文】 s brief. Undoubtedly, many designers have always regarded safety as an essential part of product design. But the evidence of so many productrelated accidents and injuries indicates that some designers have not given safety its due prominence. A booklet[3] produced by Insurance Company of North America states that design and manufacturing defects were the most frequently alleged cause of liability suits (39 per cent and 37 per cent). But the booklet also notes that failure to warn defects were cited in 21 per cent of the cases. So in considering Fitness for Use the designer must pay attention not merely to the design quality but also to Quality of Conformance. When hazards can not be effectively designed out of products, appropriate warnings are an obvious requirement. In assessing defectiveness our courts will have to determine the safety to which a person is entitled to expect. In this assessment the court is required to take into account the presentation of the product, the use to which it could reasonably be expected that the product could be put and the time when the product was put into circulation. When defectiveness is determined in this fashion, it means that the definition of product must be revised to include: — the actual product, — labels, — packaging, — container, — installation/use instructions, — warranty documents, — sales brochures, — spare parts, — advertising material, — catalogues. If the producer wishes to avail of defence (b) in Article 7, evidence will be required to show that the defect did not exist at the time that the product was put into circulation. Defence (d) will require designers to be familiar with mandatory regulations or standards issued by the relevant public authorities. Defence (e) will require the designer to keep abreast of scientific and technical developments that are relevant to the product in question. Defence (0 will require the designer of a product used as a ponent to be sufficiently petent to be able to show that it was the design of the product in which the ponent was fitted or the instructions given by the manufacturer of the product that caused the damage. The American report Safety in the Market Place notes that for any product, the development and design activities prise the most fluid stage in its preparation for the market place. It is also one of the most important, for once performance specifications have been selected and the design has been mitted, it will dictate in large measure what processes, materials and quality control procedures will be required [4]. A design defect, unlike a
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