학술논문
석면의 법적 규제와 제조물 책임
이용수 130
- 영문명
- Asbestos ban regulations and Product Liability
- 발행기관
- 한국재산법학회
- 저자명
- 김민동(Kim Min Dong)
- 간행물 정보
- 『재산법연구』財産法硏究 第25卷 第2號, 135~166쪽, 전체 32쪽
- 주제분류
- 법학 > 법학
- 파일형태
- 발행일자
- 2008.10.30
6,640원
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국문 초록
영문 초록
Asbestos is the name of a group of naturally occurring fibrous minerals known for their properties of relative indestructibility and resistance to heat and fire. Today more than three thousand product commonly found in the home and work environments contain asbestos. Ironically, experts now regard asbestos as one of the most dangerous of all natural materials.
The number of workers who have developed or will develop diseases related to their exposure to asbestos is of unprecedented proportion. A person who suffers injury from exposure to asbestos products may sue the manufacturer under traditional theories of products liability: negligence, product liability. Under the Product Liability theory, manufacturer is strictly liable in tort when it places an article on the market, knowing that it is to be used without inspection for defects, and the product proves to have a defect that causes injury to a human being.
Citing Borel the Eighth Circuit stated that an asbestos manufacturer may be subject to strict liability in tort if it fails to provide adequate warnings regarding the use of its product.
Most reported asbestos decisions focus on marketing defects. Marketing defects include the seller"s or manufacturer"s failure to provide adequate warnings of the risks inherent in using its product and failure to provide adequate instructions for the safe and appropriate use of its product. Thus, a court may find a product defective because the manufacturer failed to provide adequate warnings regarding the product"s use. Foreseeability of harm is the primary issue in failure-to-warn cases, regardless of the so-called state-of-the-art defense.
We need the enactment of workers" compensation laws and the incorporation of occupational disease cases into their coverage. We require the Asbestos Center and the Administrator to establish a plan for victim compensation and risk regulation.
The number of workers who have developed or will develop diseases related to their exposure to asbestos is of unprecedented proportion. A person who suffers injury from exposure to asbestos products may sue the manufacturer under traditional theories of products liability: negligence, product liability. Under the Product Liability theory, manufacturer is strictly liable in tort when it places an article on the market, knowing that it is to be used without inspection for defects, and the product proves to have a defect that causes injury to a human being.
Citing Borel the Eighth Circuit stated that an asbestos manufacturer may be subject to strict liability in tort if it fails to provide adequate warnings regarding the use of its product.
Most reported asbestos decisions focus on marketing defects. Marketing defects include the seller"s or manufacturer"s failure to provide adequate warnings of the risks inherent in using its product and failure to provide adequate instructions for the safe and appropriate use of its product. Thus, a court may find a product defective because the manufacturer failed to provide adequate warnings regarding the product"s use. Foreseeability of harm is the primary issue in failure-to-warn cases, regardless of the so-called state-of-the-art defense.
We need the enactment of workers" compensation laws and the incorporation of occupational disease cases into their coverage. We require the Asbestos Center and the Administrator to establish a plan for victim compensation and risk regulation.
목차
Ⅰ. 서론
Ⅱ. 석면관련법령
Ⅲ. 석면제품의 제조물책임
Ⅳ. 결론
참고 문헌
〈Abstract〉
Ⅱ. 석면관련법령
Ⅲ. 석면제품의 제조물책임
Ⅳ. 결론
참고 문헌
〈Abstract〉
키워드
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