Defective products, definition

New Definitions of Defect. The concept espoused by Section 402A of the Restatement (Second) of Torts, namely, that a manufacturer was strictly Hable for selling a defective product and that proof of fault was unnecessary, worked well with regard to products that contained manufactuting defects. 

The Act specifies three criteria for determining whether a risk of injury is substantial the pattern of defect, the number of defective products distributed in commerce, and the severity of the risk. These criteria suggest that the overriding inquiry in measuring substantiality must be twofold first, how certain is it that the product will cause injury and, second, how extensive is that injury likely to be Discussing the definition of substantial risk, the CPSA s legislative history states ... 

The definition of supplier has been broadened and now includes retail traders who may be subject to the secondary liability of the supplier. Where several persons are liable for the same damage, the injured person should be able to claim full compensation for the damage from any one of them. A major increase in the liability of the so-called quasi producers is now possible. These companies, which do not traditionally produce products but only select or distribute products manufactured by others, may be drawn into liability suits and/or corrective measure actions. These quasi producers include, but are not limited to, importers, suppliers, distributors, mail order houses, supermarkets, and department stores. The costs of litigation per defective product will be multiplied because of increasing complexity and multidefendant litigation will also rise. 

Since the meaning of safety varies between individuals and depends on our point of view, I have purposely left the definition of safety till the end. With a thorough knowledge of safety, we can now answer the question that has been the topic of many discussions, What is a safe product The General Product Safety Directive defines a safe product as any product which, under normal or reasonably foreseeable conditions of use does not present any risk or only minimal risks compatible with the products use, considered as acceptable and consistent with a high level of protection for the safety and health of persons. Also, as stated in the Product Liability Directive, a defective product is one that does not provide the safety which a person is entitled to expect, taking all circumstances into account. ... 

Improvement in business performance is essential for growth and profit, but the ISO/TS 16949 requirements are not concerned with your growth and profits they are concerned with product quality, and one definition of product quality that signals improvement potential is freedom from defects . Achieving quality become a quest to eliminate defects and in so doing reduces variation in the operational processes, but even when there are no defectives, there will still be variation. One might well question the need to reduce variation when there are no defectives but by reducing variation you will have fewer breakdowns, fewer errors, less space allocated to inventory, less waste, etc. in fact fewer problems and increased profit as a result. 

Of historical interest may be the use of a half dollar coin (the lighter weight 250 not as efficient). During the early 1940s the coin tap test was used very successfully in evaluating the performances of plastics, particularly RP primary aircraft structures. With a good ear (human hearing ear) there was (and is) a definite different sound between a satisfactory and unsatisfactory RP product. The unsatisfactory product would contain voids, delaminations, defects in fiber distribution, etc. In... 

On further investigation by an internal FDA task force, the following recall definitions were established in 1973, which seemed to better define the types of product defects that currently are being found. The recalls are now divided into the following three classes. 

There is no limitation for the use of Kirkwood s superposition approximation (2.3.62) in the integral terms of equation (7.1.27) since there is a single defect in the recombination sphere of dissimilar defect. For example, a product a( r2 — f[ )piti(r2 f( t) in a line with definition (7.1.3) could be replaced by <7i,i(r2 rj <). Therefore, we have... 

Introduction. Defects in citrus juices are manufacturing errors that affect the appearance or palatability of the product. Defects usually take the form of inclusions of harmless material that, in a small degree, may be unavoidable. The definition of a defect does not include any type of foreign material, the inclusion of which is totally unacceptable. 

A second, cytosolic CPS activity (CPSII) occurs in mammals as part of the CAD trifunctional protein that catalyzes the first three steps of pyrimidine synthesis (CPSII, asparate tran-scarbamoylase, and dihydroorotase). The activities of these three enzymes—CPSII, aspartate transcarbamoylase, and dihydroorotase—result in the production of orotic acid from ammonium, bicarbonate, and ATP. CPSII has no role in ureagenesis, but orotic aciduria results from hepatocellular accumulation of carbamyl phosphate and helps distinguish CPSI deficiency from other UCDs. Defects in CPSI classically present with neonatal acute hyperammonemic encephalopathy. The plasma citrulline and urine orotic acid concentrations are both low. A definitive diagnosis can be established by enzyme assay of biopsied liver tissue or by mutation analysis. 

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