Don't forget the Product Liability Directive 85/374/EEC.

Regards,
+=================================================================+
|Ronald R. Wellman                |Voice : 408-345-8229           |
|Agilent Technologies             |FAX   : 408-345-8630           |
|5301 Stevens Creek Blvd.,        |E-Mail: ron_well...@agilent.com|
|Mailstop 54L-SQ                  |WWW   : http://www.agilent.com |
|Santa Clara, California 95052 USA|                               |
+=================================================================+
| "Common sense is the collection of prejudices acquired by age   |
|  eighteen." - Albert Einstein                                   |
+=================================================================+



-----Original Message-----
From: miksher...@aol.com [mailto:miksher...@aol.com]
Sent: Wednesday, June 06, 2001 7:31 AM
To: emc-p...@majordomo.ieee.org
Subject: Re: Product Safety: A Matter of Law or Litigation?



Folks --

I've seen a lot of assertions in this email chain, some of which I'd like to

challenge on a factual basis. Note that I am not disagreeing with what a 
prudent business decision might be, but am rather challenging the assertions

of what the laws state.

1.  The General Product Safety Directive contains language right up front 
describing it as applying to "consumer" as opposed to other (commercial or 
industrial, I believe) products. It seems to me that this directive, then, 
does not apply by default, as asserted by some, if your product is for 
commercial or industrial use only.


2.  I believe that it's very clear that the Low Voltage Directive does not 
require use of EN standards.

3.  I believe that the concept of "strict liability" i.e., that one only has

to prove that a product is defective, as opposed to proving negligence, is 
well-established in the USA.

Mike Sherman
FSI International

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