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【正文】 production defect, affects all items p policies. roduced. A design defect may also nullify the shield of product liability insurance . 。 or (f) in the case of a manufacturer of a ponent, that the defect is attributable to the design of the product in which the ponent has been fitted or to the instructions given by the manufacturer of the product. According to Article eight, the producer39。 or (d) that the. defect is due to pliance of the product with mandatory regulations issued by the public authorities。 (c) the time when the product was put into circulation. (2) A product shall not be considered defective for the sole reason that a better product is subsequently put into circulation. Article 7 describes defences available to the producer。 it was amended in 1979 and was finally adopted in July 1985. Unlike the Convention, the Directive requires Member States to pass legislation conforming to the Directive on or before 30 July 1988. From the viewpoint of the designer, the critical articles of the Directive are Articles 1 and 6 and (b), (d), (e) and (f) of Article 7. Article 1 states: The producer shall be liable for damage caused by a defect in his product. Article 6 defines a defective product as follows: (1) A product is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including: (a) the presentation of the product。s brief. But how successful have designers been in achieving fitness for use in the products which they have designed? The remarkable growth of the consumer movement in the past twenty years is a reflection of widepread dissatisfaction with products and services available. One aspect of consumer dissatisfaction, safety or more correctly, the lack of safety, has received particular attention in courts and in legislatures, especially in the US. In 1963, the Supreme Court of California ruled that A manufacturer is strictly liable in tort when an article he places on the market, knowing that it is to be used without inspection for defects, proves to have a defect which causes injury to a human being. This Californian decision was followed by many other states and led to the Product Liability Crisis of the early 1970s in the US. Despite this legal background, it was estimated that in 1973 there were over six million productassociated accidents in the US. The sheer size of the problem led to the establishment of the US Consumer Product Safety Commission (CPSC) in 1973. The Commission39。s brief. Knowledge of the production facilities available and thei
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