Safer by Design: A Guide to the Management

Product safety begins with design or formulation whether it is for a complex engineering product or a simple household article. Those who suffer damage from a design defect can win compensation without having to prove negligence. Manufacturers, suppliers and importers can all be responsible for ensuring that their products are safe. To help protect them against prosecution, customer dissatisfaction and commercial loss requires a programme of risk reduction, which begins with the management of design. Design and product development require a balanced approach to the new realities of the legal situation, both for companies and individual designers.Part One reviews the strategy needed to manage design in the fresh legal climate and includes guidance on techniques that can be used. Part Two is a jargon-free guide through the difficult area of international product liability law. It has been entirely rewritten to reflect the many recent changes to influence European law and a designer's personal liability.Part Three brings home vividly the physical, legal and commercial risks of product defects and demonstrates ways in which they could be prevented. There are over 20 real life, fascinating and instructive case histories, many of them new, ranging from exploding office chairs to ro-ro ferries and from washing powder to aircraft.Safer by Design is exceptional in providing management and risk assessment advice, coupled with legal guidance and actual practical lessons.

List of figures

ix

(2)

List of tables

xi

(2)

List of abbreviations

xiii

(2)

Acknowledgements

xv

(2)

Introduction

xvii

PART ONE THE MANAGEMENT OF DESIGN RISKS

3

(78)

1 The management strategy Introduction--Problems with definitions and claims--Safety targets--Sources of defect--Key elements of strategy--Summary

3

(8)

2 Product databases Introduction--The Home Accident Surveillance System (HASS)--The European Home and Leisure Accident Surveillance System (EHLASS)--The US National Electronic Injury Surveillance System (NEISS)--The European Safety and Reliability Data Association--The EU Rapid Exchange of Information Procedure (RAPEX)--Summary

11

(10)

3 Indentification of risks Introduction--Hazard or risk?--Fault Tree Analysis (FTA)--Failure Mode and Effect Analysis (FMEA)--The safety profile--The Delphi technique--Hazard and Operability Study (HAZOP)--Hazard Analysis Critical Control Point (HACCP)--Summary

21

(22)

4 Reducing product design risks Introduction--Standards for the management of design--Design input--Hazard analysis and risk assessment--The end-user and his environment--Promotional material--Product standards and codes of practice--Legal requiremen --Litigation information--In-house product information--Reliability--Scientific and technical knowledge--Packaging, warehousing and distribution--Other factors--Summary

43

(13)

5 Design review systems Introduction--A core of good techniques--The design review system--Examples of design reviews--Post-design--Summary

56

(8)

6 Residual risk transfer: insurance and contract conditions Introduction--Insurance--Some insurance principles--International insurance--Product liability insurance Product guarantee insurance--Financial loss insurance--Product recall insurance-- Product recall insurance--Professional idemnity insurance--Contract conditions--Summary

64

(11)

7 Residual risk retention Introduction--Captive insurance company--Deductibles--Special funds--Revenue--Summary

75

(6)

PART TWO THE LEGAL BACKGROUND

81

(90)

8 Legal developments in Europe Introduction--Expansion of consumer safety policy--New liabilities for defective products--Avoiding trade barriers--The `New Approach'--The `Gobal Approach' to conformity assessment--CE marking--Designing compliant products--The General Product Safety Directive--Community priorities for policy 1996-98--Summary

81

(26)

9 Product liability in the United Kingdom Introduction--Liability for defective products--Basic principles of liability--Strict liability--Exclusion clauses--Indemnities--Civil Liability (Contribution) Act 1978--Limitation Act 1980--Other relevant legislation--Summary

107

(26)

10 Liabilities outside the UK Introduction--France--Germany--Italy--The United States--Australia--Japan--Summary

133

(18)

11 Designers' Personal Liabilities Introduction--Liability of the employed designer--Vicarious liability--Insurance--The freelance designer--Criminal liability--Summary

151

(20)

PART THREE CASE HISTORIES The lessons from history Introduction--Design management--Product standards--Validation--Defects have simple causes

171

(112)

Consumer products

178

(29)

1 The cooker hood that went to Appeal Whirlpool & Magnet v Gloucestershire County Council

178

(6)

2 Candy: the fatal washer/drier

184

(7)

3 The deep-fat frier with design problems

191

(4)

4 The power tool with a design defect Greenman v Yuba Power Products

195

(3)

5 The XXX57 million `mistake' in Persil Power

198

(6)

6 Safe in bed?

204

(3)

Motor Cars

207

(17)

7 Safe on the road?

207

(4)

8 Responsibility for design of bought-in components Winward v TVR Engineering

211

(6)

9 The Austin Allegro and the rear hub bearing Walton v British Leyland

217

(7)

Industrial Products

224

(30)

10 The Brent Cross crane failure

224

(5)

11 Raychem: reducing the fire risk in electric cabling

229

(5)

12 The foreseeability of risk and the duty of care Crow v Barford

234

(3)

13 The Pentium design flaw

237

(4)

14 Exploding office chairs

241

(5)

15 The Flixborough chemical plant disaster

246

(4)

16 The Tay Bridge disaster

250

(4)

Aerospace

254

(11)

17 Product safety failure in the space programme

254

(7)

18 The DC-10 cargo door

261

(4)

Ships

265

(13)

19 The supertanker's design weakness

265

(7)

20 The ro-ro ferries and design

272

(4)

21 Miss Jay Jay: accident or design?

276

(2)

Greek Mythology

278

(5)

22 Almost safer by design

278

(5)

APPENDICES

283

(32)

I Council Decision concerning modules for conformity assessment procedures for CE marking

283

(25)

II Consumer Protection Act 1987: Part 1.

308

(7)

Glossary

315

(6)

Index

321

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Safer by Design: A Guide to the Management and Law of Designing for Product Safety

Summary

Table of Contents

Supplemental Materials