If the injured party (C) were to litigate for damages within the U.S. judicial system, any and all parties would be sued. The jury might award the plaintiff damages from any and all parties. Likely defendents would include:
- maker of monitor (B) - maker of PC bundled with monitor (A) - dealer who sold the PC/monitor, if any - installer of the system - utility company (possibilty of line surge) - etc, etc Juries are not likely to be influenced by whether a particular piece of equipment was "OEM" or not. Justice would dictate that whoever was responsible for the design leading to the injury should pay. However, this is not the typical outcome of a liability suit, particularly if the injury is severe. only my opinion....... George Alspaugh "Bailin Ma" <bma%[email protected]> on 09/17/98 02:07:06 PM Please respond to "Bailin Ma" <bma%[email protected]> To: emc-pstc%[email protected] cc: (bcc: George Alspaugh/Lex/Lexmark) bcc: George Alspaugh/Lex/Lexmark Subject: Liability of OEM Hi all, I have a hypothetical question about the compliance liability. A: PC maker B: Monitor maker C: Customer Suppose C got injured due to the explosion of the monitor when he was using the computer. A purchased large volume of monitor from B. The whole PC, including the monitor, was shipped to C by A. Question: Does it make difference whether or not B's name appears on the monitor as the monitor manufacturer. --( If C cannot see B's name on the monitor, B is an OEM of A. Right?) If C files a lawsuit against A and B, does it make difference whether or not B becomes OEM? Thank you. Best Regards, Barry Ma --------- This message is coming from the emc-pstc discussion list. To cancel your subscription, send mail to [email protected] with the single line: "unsubscribe emc-pstc" (without the quotes). For help, send mail to [email protected], [email protected], [email protected], or [email protected] (the list administrators).
