Research On Product Responsibility Of Design Defects

Science and technology is to uesd to solve a class of problems, at the same time, will inevitably lead to other problems of the chain reaction. Because of the productstructure of intensive, professional, tec hnical characteristics such as design principles, lack of consumer awa reness of the product detacils, or it can be said that do not have the relevant background knowledge, becauses between the consumer an d the producer for the asymmetric information, products, therefore, th e design defects through accurate analysis of professional organization s, with the knowledge of profession and the conclusion to the general perception. In view of the defects in design of the case of product defect in the proportion continues to rise, which led to the decisive role which settled in the product defects caused by design flaws, the d amage is always one of the mostimportant.This paper is focused on three issues. One is to choose the imp utation principles of tort liability of defective product design. This pa rt discusses the imputation principles of design of defective products s hould apply the principle of strict liability,in order to reduce the pos sibility of lawsuit litigation and realize the social welfare from the per spective of application of the principle of strict liability of the certifi cation, and combined with the court case, analysis of the principle o f imputation of cases suitable for integration. The theory and judicial practice, in-depth study of defects in product design application of th e principle of strict liability of discomfort in the current social enviro nment.The second is the definition of tort liability of defective products d esign. This part mainly discusses the main designer should be included in the ranks of producers, with producerexpanding interpretation. Th e designer shall be included in the ranks of producers, but not as a se parate subject to consumer, consumer is still the responsibility, consum er responsibilitydivision and internal independent maintenance, does not affect the rights and interests of consumers.The third is the analysis and design of tort liability of defective p roduct requirements. In general the product tort liability elements theor y, from the existence of defects, the fact of damage, constitutive requ irements of three aspects of design flaws exist causal relationship betw een product liability and damage to the fact that the defect.To make a long story short, adhere to the principle of strict lia .bility in tort liability of defective products and absolute position desig n of heavy, designers can independ ently bear to rtliability, and to de termine the optimal criteria for design defects of reasonable alternativ e design is the core of the theory.