Product liability cases in the media often raise questions about the logic and justice behind the decision, as well as about the role of human factors practitioners in liability prevention. What is first needed is the understanding that legal decisions are based on specific theories of the law in force in the particular jurisdiction and at the particular time. These are not theories in the scientific sense of empirically tested frameworks of cause and effect, but rather statements of what considerations are deemed relevant and admissible to the legal argument based on philosophical, social, and political positions. The theory in force varies with the place and the time. The product liability case is initiated on the grounds of one or more of the theories acceptable to the court. The chapter first introduces the range of theories that exist, then comments on international variations, and lastly suggests how the factors practitioner can contribute to product liability prevention. This chapter is intended to provide a simplified layperson's introduction to the topic and does not replace the expert advice of a qualified professional.
Samenvatting