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Product Liability Training for Engineers and Engineering Managers

As a Producer, you may be become legally liable for any loss or injury caused by your 'defective products'. In Europe, the European Product Liability Directives (85/374/EEC and 1999/34/EC) and national legislation in each member state have been developed  to 'protect consumer rights', and these place an obligations on you, as a producer or supplier, to ensure that your products are 'as safe as reasonably practical'.

TFatigue failures develop over a period of timehe European Product Liability Directives define:-

  • When a product should be considered defective
  • Who is responsible when defective products are supplied
  • The consumer's rights to compensation for loss or injury
  • The arguments that a producer may use to defend themselves against claims for compensation

However producers may the also face claims for compensation under the Law of Negligence, based on the principle of your Duty of Care from:-

  • Commercial organisations, that can not claim for damage to 'commercial property' under the EU Product Liability Directives.
  • Consumers in Europe who are also making a claim under the European Product Liability Directives
  • Consumers in other markets who are not protected by the EU Directives

Product recalls are increasing faster than sales in the USAProducers may also risk criminal prosecution if they knowingly supply 'unsafe products' or do not comply with relevant regulations that govern product recall procedures. in each market.

Engineers and managers responsible for the product design, production or marketing need to understand the law and adopt a pro-active to risk management, in order to avoid potential litigation and prosecution. To help them Stunell Technology provides training for engineers and managers who need to understand the law, enabling you to adopt a pro-active approach to product liability, based on the use of an effective quality management system that:-

  • Prevents the supply of defective products
  • Provides the evidence required to defend spurious or malicious claims

Our Industry Recommend Training for engineers by engineers, will introduce and explain;-

  • The relationship between Civil and Criminal and Contract law
  • How Contract Terms and Conditions, agreed with supply chain partners may influence your legal liability
  • Your duty of Duty of Care and how to avoid Claims of Negligence
  • How you can use an Effective Quality Management System, supported by Advanced Product Quality Planning (APQP)  and FMEA's to identify control and eliminate the causes of failure in product design and manufacturing process
  • The European Product Liability Directives including;-
    • What is  a defective product?
    • Who can make a claim under the EU directive?
    • What must they prove to succeed?
    • What can they claim for? 
    • What is Strict Liability?
    • Who is responsible for defective products?
    • What is meant by Joint Liability?
    • The permitted defence arguments - why you may not be liable
  • The legal process and 'rights of discovery'
  • The US experience, including
    • The concept of punitive damages
    • The introduction of the TREAD ACT and it's impact
  • The effect of the effect of the new EU General Product Safety Directive

Our training is intended for engineers and managers, responsible for the design, production or marketing of products for 'global markets' and is therefore delivered by an engineer with over 20 years experience in the automotive industry. Using 'real examples' to illustrate the legal principles, we show how 'good practice' minimises the risk of loss or injury and eliminates the risk of future litigation. 

Training is normally delivered as 'in-house' courses, allowing delegates to discuss sensitive and confidential issues as they apply the legal principles to their own business situation.

For further information contact us now!

 

Stunell Technology is an Engineering and Management Consultancy, and is not qualified to provide 'legal advice'. Therefore, we strongly recommend that any clients, or potential clients, involved in or contemplating legal action seek the advice of a qualified solicitor before proceeding. The training provided by Stunell Technology is designed to enable Engineers and Engineering Managers understand and comply with the law whilst adopting 'best practice' in their engineering and management roles.

Phil Stunell, Director, Stunell Technology

 

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+44 (0)1772 452240

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Info@stunell.com

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+44 (0)870 6221746

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Tel: + 44 (0)1772 452240 phil@stunell.com  Fax: +44(0)870 6221746

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