Wednesday, May 9, 2012

Product Liability Act: Determining the User Circle

In this context, the circle for whom the product is ultimately intended is a key factor. If the product is only intended for a specific user circle, it can be geared towards their safety expectations.
For instance, case law has ruled that the producer cannot assume that wet concrete will only fall into the hands of those who are familiar with the risk of chemical burns from wet concrete. The producer would have to aim at the least informed consumer and so should provide warnings indicating the potential for alkaline chemical burns.

If the product is only to be supplied to a specialist firm, for example, the producer may assume that the products will only be used by specialist staff. However, the picture is quite different if the producer discovers that – despite restrictive sales channels – the product has still found its way into the hands of inexperienced end users (“product migration”).

Product's User Lifecycle


Example: The laser pointer was originally developed for commercial presentation purposes but has since found its way into the daily routine, even being regarded as a toy. Where safety expectation is concerned, the producer must consider the fact that laser beams may potentially be projected into  the human eye. As a result, he must guarantee a higher safety standard than was required for the originally intended application.

However, when certain products are specifically intended for specialists – such as a relay for  electrical engineers for example – and it is clearly stated that the product may only be installed, approved and used by specialist staff, assembly instructions need not be provided for laypeople.

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