Barry, Simply put, A and B had partnered to provide/supply the monitor to C. And as such, both A and B share in the legal liability, although the balance of legal liability between A and B may or not be shared equally. That's for a court of law and a jury to assign. Also, other things to consider are; what caused the monitor to explode in the first place, was C responsible for the explosion, was the monitor used within the manufacturer's limits, was the monitor misused or abused, were adequate safety precautions followed, etc. etc.. However, for any and all legal interpretations of liability law, I highly recommended seeking the council of a good attorney with experience in this area and/or consult with your corporate legal staff. The views expressed above are my opinions alone and do not reflect those of my employer. Best regards, Ron Pickard [email protected]
______________________________ Reply Separator _________________________________ Subject: Liability of OEM Author: "Bailin Ma" <[email protected]> at INTERNET List-Post: [email protected] Date: 9/17/98 11:07 AM 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). --------- 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).
