WelcomeWelcome

What’s the brand of these products?What’s the brand of these products?

婴幼儿配婴幼儿配方奶粉方奶粉

The event of substandard milk powder

Chapter Ten

Defective Products

:One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability….

defect

4.1 Introduction--requirement

defective

products

personal injury

or economic loss

cause and effect

Question

Ｂ

Ａ

A: unqualified productB: dangerous productC: defective product

C

4.2 Defective ProductManufacturing defect Not meeting the design specifications

Design defectInadequate design or poor choice of material

Failure to warn

Without sufficient instructions

or warnings of the risks involved

in the normal use of the product

Judging the cases

A child wearing cotton-padded(填棉絮的 ) clothes was burnt when playing with a sparkling(散裂出火花的 ) toy pistol(手枪 ) without

fire-retardant(阻燃布 )treatment.

Case 1

布兰登伯格诉丰田汽车销售美国分公司及丰田总公司案 :A Toyota car on the expressway turned over and the top broke. The driver was thrown out of the car and died.

Case 2

Case 3 Some American children were hurt by a type of slingshot imported from

China because the frame broke easily under only 9 pounds of

tensile force, while like products in Hongkong could work safely under 60 pounds of force.

Case 4

在一个美国案例中，一个小孩走过装有地板油的油桶，吃了一些地板油导致中毒。

Case 5 An engineer was doing an experiment with a kind of gas

contained in a glass ampoule pipe warning “harmful steam”. Suddenly, the glass fell into the water and the steam released. Surprisingly, it exploded and the engineer died.

Who may be liable?

Manufactures 生产厂商 Wholesalers 批发商 Retailers 零售商

A baby-sitter bought a cup of hot coffee for a five-year-old boy. She put the straw through the hole in the lid of the cup with a warning saying “小心热饮烫口，请勿用吸管” . The boy felt it hot and drop it. Then he was seriously scalded.

A 79-year-old woman went with her son to a McDonald's drive thru and ordered a cup of hot coffee with warning saying “Caution: hot!”. The woman, a passenger in the vehicle, put the coffee between her legs and was attempting to remove the lid when it dented and spilled. It was shown by evidence that the coffee was 180-190 degrees Fahrenheit (82oc-87oc) when served and that it was 165-170 degrees Fahrenheit (74oc-77oc). In a matter of 6 to 7 seconds the spilled coffee caused third degree burns to the woman’s inner thighs and buttocks.

Discussion

Nowadays we often hear that some food is poisonous, such as poisonous rice, poisonous meat and so on. The food is not safe in our daily life. And now you are a manufacture of a food company, how can you make the food more safety?

As for the producers ， it is very important for them to be morally honest. They should never try to pursue profit or economic growth at the expense of health and life of people.

Home work

Find some defective products in your life. And make a list of them.