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Products liability
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Series: ASM Handbook Archive
Volume: 11
Publisher: ASM International
Published: 01 January 2002
DOI: 10.31399/asm.hb.v11.a0003505
EISBN: 978-1-62708-180-1
... Abstract This article discusses the three legal theories on which a products liability lawsuit is based and the issues of hazard, risk, and danger in the context of liability. It describes manufacturing and design defects of various products. The article explains a design that is analyzed from...
Abstract
This article discusses the three legal theories on which a products liability lawsuit is based and the issues of hazard, risk, and danger in the context of liability. It describes manufacturing and design defects of various products. The article explains a design that is analyzed from the human factors viewpoint and details the preventive measures of the defects, with examples. It presents four paramount questions relating to the probability of injury which are asked even when one executes all possible preventive measures carefully and thoroughly.
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Published: 01 January 2002
Series: ASM Handbook
Volume: 11A
Publisher: ASM International
Published: 30 August 2021
DOI: 10.31399/asm.hb.v11A.a0006832
EISBN: 978-1-62708-329-4
... Abstract The purpose of this article is to assist the reader in understanding the role that an engineering expert witness plays in evaluating incidents related to product liability, so that he or she may become better acquainted with the role that an engineer plays in such litigation...
Abstract
The purpose of this article is to assist the reader in understanding the role that an engineering expert witness plays in evaluating incidents related to product liability, so that he or she may become better acquainted with the role that an engineer plays in such litigation. The topics covered are admissibility of expert opinions, how to evaluate data, factual evidence, mandatory and voluntary standards, physical evidence, medical records, scientific literature, design decisions evaluation, environment of use, user's contribution, reports of opposing experts, report of findings, and deposition and trial testimonies.
Series: ASM Failure Analysis Case Histories
Publisher: ASM International
Published: 01 June 2019
DOI: 10.31399/asm.fach.homegoods.c9001631
EISBN: 978-1-62708-222-8
... testing. Engineering expert litigation Manufacturing standards Products liability Quality control Metal Brittle fracture Often the first reaction of an expert or lawyer receiving a case from a client is simply a question or two. How can a strategy be developed to work this issue...
Abstract
Failure analysis of a fishhook that broke during retrieval is described. Although the broken hook was discarded, several companion hooks were analyzed (chemistry, microhardness, metallographic cross section, and tensile properties) as were comparable products made by other hook manufacturers. Tensile test data indicated that the companion hooks were significantly different from hooks made by other manufacturers. The hooks broke into several pieces and failed with little or no plastic deformation, while hooks made by other manufacturers plastically deformed and did not break during testing.
Series: ASM Handbook Archive
Volume: 11
Publisher: ASM International
Published: 01 January 2002
DOI: 10.31399/asm.hb.v11.a0005695
EISBN: 978-1-62708-180-1
... of the Designer and the Manufacturer,” Failure Prevention Through Education, Getting to the Root Cause, Conference Proceedings , ASM International, May 2000, and (b) “Product Liability and Design” in this Volume of the ASM Handbook. ...
Series: ASM Handbook
Volume: 11A
Publisher: ASM International
Published: 30 August 2021
DOI: 10.31399/asm.hb.v11A.a0006840
EISBN: 978-1-62708-329-4
... “ Products Liability and Design ” in Failure Analysis and Prevention , Volume 11 of the ASM Handbook , 2002. The capabilities of analytical tools have advanced significantly since the 2002 edition of this Handbook. While it is beyond the scope of this glossary to provide detailed information on each...
Abstract
This glossary is a compilation of terms related to the analysis and prevention of component and equipment failures. It is intended to help promote clear thinking and useful failure analysis. The definitions presented are those used in this Volume and reflect a common and modern understanding of these terms as used in the literature and in reports by practicing failure analysts.
Series: ASM Handbook
Volume: 11
Publisher: ASM International
Published: 15 January 2021
DOI: 10.31399/asm.hb.v11.a0006798
EISBN: 978-1-62708-295-2
.... Asperger, “Legal Definition of a Product Failure: What the Law Requires of the Designer and the Manufacturer,” Failure Prevention Through Education, Getting to the Root Cause, Conference Proceedings , ASM International, May 2000; and the article “Products Liability and Design” in Failure Analysis...
Abstract
This article is a compilation of terms and definitions related to failure analysis and prevention. This glossary is intended to help promote clear thinking and useful failure analysis. The definitions presented are those used in this volume and reflect common and modern understanding of these terms as used in the literature and in reports by practicing failure analysts.
Book Chapter
Series: ASM Failure Analysis Case Histories
Publisher: ASM International
Published: 01 June 2019
DOI: 10.31399/asm.fach.machtools.c0089429
EISBN: 978-1-62708-223-5
... to wear eye protection and provide training on its importance. Eye protection, as well as other personal protective equipment, is also required by both federal and state laws and regulations governing workplace safety. Acknowledgments This article was adapted from C.O. Smith, Products Liability...
Abstract
The failure of a high speed steel twist drill which caused injury to the user was investigated thoroughly to settle a legal suit. The drill was being used to remove a stud that broke in the vertical wall of a metalworking machine (upsetter) after drilling a pilot hole. The drill had shattered suddenly with a bang which caused a chip to be dislodged and cause the injury. A large nonmetallic inclusion parallel to the axis near the center of the drill was revealed in an unetched longitudinal section. Carbide bands in a martensitic matrix were indicated in an etched sample. It was concluded by the plaintiff's metallurgist that the failed drill was defective as the steel contained nonmetallic inclusions and carbide segregation which made it brittle. It was revealed by the defendant that the twist drill met all specifications of M1 high-speed steel and investigated several other drills without failure to prove that the failure was caused by use in excessive conditions. It was revealed by examination that the point of the broken drill was not the original point put on at manufacture but came from regrinding. Both technical and legal details have been discussed.
Series: ASM Failure Analysis Case Histories
Publisher: ASM International
Published: 01 June 2019
DOI: 10.31399/asm.fach.bldgs.c9001548
EISBN: 978-1-62708-219-8
... or organization involved in a product liability case, as plaintiff or defendant, the blend of the legal and the technical is extremely important. The combination is called forensic engineering. Background: The Problem and Its Nature The client is a manufacturer of various types of modular housing units...
Abstract
In 1975, a manufacturer was awarded a contract to produce modular air-traffic control towers for the U.S. Navy. The specifications called for painted steel siding, but the manufacturer convinced the Navy to substitute aluminum-bonded-to-plywood panels that were provided by a supplier. In less than one year, the panels began to delaminate and the aluminum began to crack. It was found that the failure was the result of chloride-induced intergranular corrosion caused by chemicals in the adhesive and excessive moisture in the wood introduced during manufacturing.
Series: ASM Handbook Archive
Volume: 11
Publisher: ASM International
Published: 01 January 2002
DOI: 10.31399/asm.hb.v11.a0003520
EISBN: 978-1-62708-180-1
... in a litigation is grounds for dismissal of a case, because it could make it impossible for the defendant to prepare a defense. Fortunately, the analysts could work around these problems, but this may not always be the case. This brings up a second issue that has emerged with the rise in product liability...
Abstract
This article outlines the basic steps to be followed and the range of techniques available for failure analysis, namely, background data assembling, visual examination, microfractography, chemical analysis, metallographic examination, electron microscopy, electron microprobe analysis, X-ray techniques, and simulations. It also describes the steps for analyzing the data, preparing the report, preservation of evidence, and follow-up on recommendations.
Series: ASM Handbook
Volume: 11A
Publisher: ASM International
Published: 30 August 2021
DOI: 10.31399/asm.hb.v11A.a0006815
EISBN: 978-1-62708-329-4
... and Design , Volume 20 of the ASM Handbook , 1997. Product liability lawsuits focus on the safety aspects of design ( Ref 11 ). Some people claim that the litigation has the effect of “improving safety” ( Ref 12 ). However, others say that such lawsuits are a very expensive way of addressing safety...
Abstract
The intent of this article is to assist the failure analyst in understanding the underlying engineering design process embodied in a failed component or system. It begins with a description of the mode of failure. This is followed by a section providing information on the root cause of failure. Next, the article discusses the steps involved in the engineering design process and explains the importance of considering the engineering design process. Information on failure modes and effects analysis is also provided. The article ends with a discussion on the consequence of management actions on failures.
Series: ASM Failure Analysis Case Histories
Volume: 1
Publisher: ASM International
Published: 01 December 1992
DOI: 10.31399/asm.fach.v01.c9001122
EISBN: 978-1-62708-214-3
... , p 48 – 49 . 5. Boyer H.E. , The Hammer , Met. Prog. , Feb 1978 , p 66 – 68 . 6. Smith C.O. , Products Liability: Are You Vulnerable? , Prentice-Hall , 1981 , p 204 – 228 . 7. Metals Handbook , 9th ed. , Vol 11 , Failure Analysis and Preventation , American...
Abstract
A sledge hammer chipped during use. The chip struck a by stander in the eye, leading to its loss. The hammerhead surface was examined visually, nondestructively (magnetic particle method), and stereo microscopically, and a microstructural analysis of a cross section of the head was conducted using optical microscope. Chemical composition of the hammerhead was determined by emission spectrometry. The chemical compositions of the chip and hammer head were compared using energy-dispersive analysis. Microhardness versus distance from the striking face was also determined. The hammerhead material was UNS G10800 (AISI/SAE grade 1080). Excessive hardnesses were measured in the first 3 mm (0. 12 in.) below the striking surface, indicating that there was lack of control during the final tempering operation.
Series: ASM Failure Analysis Case Histories
Volume: 2
Publisher: ASM International
Published: 01 December 1993
DOI: 10.31399/asm.fach.v02.c9001286
EISBN: 978-1-62708-215-0
..., introducing compressive residual stress at the fillet surface to prevent fatigue initiation. The problem was finally circumvented by redesigning the original all-metal caliper centering assembly with high-performance composite bushings. A major product liability concern was that a failed brake disc may...
Abstract
Failure of AISI 1015 steel brake discs used in power transmissions in emergency winches was investigated using various testing methods. The failed discs were stampings that had replaced cast discs. Residual stresses in the fillets of new cast and new stamped brake discs were measured by x-ray diffraction. The results indicated that the stamped brake discs had failed by fatigue caused by a tensile residual stress pattern in the fillet. The residual stress pattern was attributed to the change in manufacturing process from casting to stamping. Use of a manufacturing process that yields a compressive residual stress in the fillet, appropriate heat treatment of stamped discs, or redesign of the disc and/or transmission assembly was recommended.
Series: ASM Handbook
Volume: 11B
Publisher: ASM International
Published: 15 May 2022
DOI: 10.31399/asm.hb.v11B.a0006912
EISBN: 978-1-62708-395-9
... liability. Dynamic Loading Dynamic loading is one of the most challenging design conditions to simulate and accurately test for in plastic products. The plastics industry has addressed this very complex phenomenon by testing materials with several very simple impact tests: Izod impact, notched...
Abstract
Plastic product failures are directly attributed to one of the following four reasons: omission of a critical performance requirement, improper materials specification, design error, and processing/manufacturing error. Therefore, product failures can be minimized or eliminated if all of these parameters are comprehensively examined during the design process. This article focuses on all of these factors, except processing-related failures, which are outside the design and engineering domain. It is dedicated to the identification and avoidance of common problems associated with the selection and designing of plastic parts. The article provides information on the material-related design criteria that depend on the applications, environmental conditions of use, and performance requirements. It discusses physical properties of plastics based on their relevance to real-world environmental conditions. The most-common design problems related to design considerations are also covered.
Series: ASM Failure Analysis Case Histories
Publisher: ASM International
Published: 01 June 2019
DOI: 10.31399/asm.fach.modes.c9001696
EISBN: 978-1-62708-234-1
... to the fracture, Figure 5 . The fracture surface itself was covered with debris and corrosion products. “Mud cracking” of the corrosion products was observed, typical of SCC. The fracture was cleaned and re-examined via SEM. Corrosion damage was evident on the fracture surface, as well as intergranular cracking...
Abstract
Piping and structural components used in space launch facilities such as NASA's Kennedy Space Center and the Air Force's Cape Canaveral Air Station face extreme operating conditions. Launch effluent and residue from solid rocket boosters react with moisture to form hydrochloric acid that settles on exposed surfaces as they are being subjected to severe mechanical loads imparted during lift-off. Failure analyses were performed on 304 stainless steel tubing that ruptured under such conditions, while carrying various gases, including nitrogen, oxygen, and breathing air. Hydrostatic testing indicated a burst strength of 13,500 psi for the intact sections of tubing. Scanning electron microscopy and metallographic examination revealed that the tubing failed due to corrosion pitting exacerbated by stress-corrosion cracking (SCC). The pitting originated on the outer surface of the tube and ranged from superficial to severe, with some pits extending through 75% of the tube's wall thickness. The SCC emanated from the pits and further reduced the service strength of the component until it could no longer sustain the operating pressure and final catastrophic fracture occurred. Corrosion-resistant coatings added after the investigation have proven effective in preventing subsequent such failures.
Series: ASM Handbook Archive
Volume: 11
Publisher: ASM International
Published: 01 January 2002
DOI: 10.31399/asm.hb.v11.a0003502
EISBN: 978-1-62708-180-1
... in Design” ( Ref 14 ) and “Risk and Hazard Analysis in Design” ( Ref 15 ) in Volume 20 of the ASM Handbook . The focus of product liability lawsuits is on the safety aspects of design ( Ref 16 ). It is often claimed that the litigation has the effect of “improving safety” ( Ref 17 ). However...
Abstract
This article provides assistance to a failure analyst in broadening the initial scope of the investigation of a physical engineering failure in order to identify the root cause of a problem. The engineering design process, including task clarification, conceptual design, embodiment design, and detail design, is reviewed. The article discusses the design process at the personal and project levels but takes into consideration the effects of some higher level influences and interfaces often found to contribute to engineering failures.
Series: ASM Failure Analysis Case Histories
Volume: 2
Publisher: ASM International
Published: 01 December 1993
DOI: 10.31399/asm.fach.v02.c9001347
EISBN: 978-1-62708-215-0
... References 1. Brown S.J. , The Product Liability Handbook: Prevention , Risk, Consequences, and Forensics of Product Failure, Van Nostrand Reinhold , New York, NY , 1991 , Chapter 10. 2. Nadi A. , Theory of Flow and Fracture of Solids , McGraw Hill , New York, NY , 1950 . 3...
Abstract
A 127 cu m (4,480 cu ft) pressurized railroad tank car burst catastrophically. The railroad tank was approximately 18 m (59 ft) long (from 2:1 elliptical heads), 3 m (10 ft) in OD, and 16 mm (0.63 in.) thick. The chemical and material properties of the tank were to comply with AAR M-128 Grade B. As a result of the explosive failure of the tank car, fragments were ejected from the central region of the car between the support trucks from ground zero to a maximum of approximately 195 m (640 ft). The mode of failure was a brittle fracture originating at a preexisting lamination and crack in the tank wall adjacent to the tank nozzle. The mechanism of failure was overpressurization of the railroad tank car caused by a chemical reaction of the butadiene contents. The interrelationship of the mode, mechanism, and consequences of failure is reviewed to reconstruct the sequence of events that led up to the breach of the railroad tank car. Means to prevent similar reoccurrences are discussed.
Series: ASM Handbook
Volume: 11A
Publisher: ASM International
Published: 30 August 2021
DOI: 10.31399/asm.hb.v11A.9781627083294
EISBN: 978-1-62708-329-4
Series: ASM Failure Analysis Case Histories
Publisher: ASM International
Published: 01 June 2019
DOI: 10.31399/asm.fach.bldgs.c9001702
EISBN: 978-1-62708-219-8
... of the expansive forces of the corrosion product. Once this happens, bridges must be either repaired or replaced. A 1993 report to congress stated that of the 575,413 bridges in the United States 44% are either structurally deficient or should be posted for weight restrictions ( 1 ). Bridges represent a liability...
Abstract
The Rocky Point Viaduct, located near Port Orford, OR, was replaced after only 40 years of service. A beam from the original viaduct was studied in detail to determine the mechanisms contributing to severe corrosion damage to the structure. Results are presented from the delamination survey, potential and corrosion mapping, concrete chemistry, and concrete physical properties. The major cause of corrosion damage appears to have been the presence of both pre-existing and environmentally-delivered chlorides in the concrete.
Series: ASM Failure Analysis Case Histories
Volume: 1
Publisher: ASM International
Published: 01 December 1992
DOI: 10.31399/asm.fach.v01.c9001082
EISBN: 978-1-62708-214-3
... 203 – 224 . 3. Experimental, Theoretical, and Ergonomic Analysis, Chapter 10 , The Product Liability Handbook: Prevention, Risks, Consequences, and Forensics of product failure , Brown S.J. , Ed., Van Nostrand Reinhold , 1991 . 4. Brown S.J. , Flow Induced Vibrations in Pump...
Abstract
Several large-diameter type 304L stainless steel impeller/propeller blades in a circulating water pump failed after approximately 8 months of operation. The impeller was a single casting that had been modified with a fillet weld buildup at the blade root. Visual examination indicated that the fracture originated near the blade-to-hub attachment in the area of the weld buildup. Specimens from four failed castings and from an impeller that had developed cracks prior to design modification were subjected to a complete analysis. A number of finite-element-method computer models were also constructed. It was determined that the blades failed by fatigue that had been accelerated by stress-corrosion cracking. The mechanism of failure was flow-induced vibration, in which the vortex-shedding frequencies of the blades were attuned to the natural frequency of the blade/hub configuration. A number of solutions involving material selection and impeller redesign were recommended.
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