Study Of Several Issues On The Warning Defect

Product defects can be divided into manufacture defect, design defect and warning defectsWarning defects lies in: warning defect formation is not derived from the quality of theirproducts defects, but the lack of appropriate warning. Appropriate warning warn consumers inproduct risks or the proper use of products. Modern product flaw system is organized around amanufacturing defect and development rises, so the traditional product flaw system is not fullyapplicable to the warning defects. First of all, warning defects liability shall be doctrine ofliability for wrongs, because product warning defects judgment to focus on the behavior ofhuman behavior is rational; secondly, the traditional judgment on the product defect in thepresence of" risk-benefit" standard is not applicable to warning defect, for Caution Defect judgecan only apply" reasonable consumer expectation standard"; thirdly, based on the seller ’s specialstatus, the seller only under special circumstances shall bear the warning obligation; finally, thewarning defects caused by pure economic loss compensation and compensation are all beproperly, limited compensation is the best choice to balance the interests of all parties.At present, our country" tort liability law" on the product liability provisions, the producers,sellers in the face of consumers are strictly liable, and this warning defects liability principle isnot consistent; for product defect judgment is used in" standard" and" unreasonable danger" twoognizance standards, this in accord with the national standard but is still unreasonable riskproducts can not be identified as defective products; tort law in general terms for pure economicloss compensation may be provided, but still required for proper pretrial limit to reduce the"uncertainty" brought bad influence.