【正文】
mplied in the designer39。s main task is to reduce unreasonable risks of injury associated with consumer products. It can set mandatory safety standards, ban products and order recalls if necessary. In Europe, court decisions eased the lot of injured consumers. But the courts did not introduce strict product liability in tort as did the Californian Supreme Court. However, events such as the thalidomide disaster focused attention on the need for legal changes to assist persons injured by defective products. If the injured person has purchased the product, existing contract laws make it paratively easy to obtain redress. But if the injured person is not the purchaser, redress is very difficult, if not impossible, to secure. The accident toll in Europe was, as in the US, horrendously high. In 1985, BEUC, the European anisation for consumers, published a report on consumer safety. The report quoted EEC Commission estimates that there were 30,000 deaths per year and 40 million injuries due to domestic accidents in 1984[2]. During the 1970s various British and European anisations considered the introduction of strict product liability in tort. The Council of Europe opened the Convention on Products Liability to signature by the Member States in 1977. The Convention made the producer liable to pay pensation for death or personal injuries caused by a defect in his product. But few Member States of the Council of Europe were willing to adopt the Convention as there was also a Draft Directive on Product Liability under discussion. This Draft had been issued by the EEC Commission in 1976。 (b) the use to which it could reasonably be expected that the product would be put。 only those relevant to design are reproduced here: (b) that, having regard to the circumstances, it is probable that the defect which caused the damage did not exist at the time when the product was put into circulation or that this defect came into being afterwards。 or (e) that the state of scientific and technical knowledge at the time was not such as to enable the existence of the defect to be discovered。s liability may be reduced or disallowed in cases where there is both a product defect and contributory negligence by the injured party or by a person for whom the injured party is responsible. Article 19 of the Directive requires Member States to bring into force the laws, regulations and administrative provisions necessary to ply with this Directive before the end of July 1988. Design for Safety The emphasis on safety in this Directive makes product safety an essential ponent of the designe