Just for fun, I propose the following scenario: 1. Following the explosion the injured party C, the plaintiff, files a Lawsuit against the PC Maker, the defendant.
2. The defendant C, in it's answer to the complaint states that it is not liable for the damages being sought. 3. The plaintiff C deposes the defendent. After 4 hrs of questioning, it is discovered that the manufacturer of the monitor is B. 4. The plaintiff C adds B to the Lawsuit, now consisting of codefendants A and B. Plaintiff C does not drop A from the suit claiming that even if the monitor was the cause of the injury, A did not excercise sufficient care in choosing a monitor for it's PC system. B is a defendent with C claiming it's monitor designers were negligent. 5. Meanwhile A files a suit against B, claiming the monitor maker delivered "unsafe monitors" to them. 6. B countersues A claiming that even though the monitor exploded, They have reason to believe the PC caused the explosion. (Whether they actually do or not, I'm not sure matters). I'd love to keep going but I'm off to open school night. Bottom line is I don't believe OEM status affords any protection from being named a defendant in a product liability suit. Regards Rich Lanzillotto ---------- > From: Bailin Ma <[email protected]> > To: [email protected] > Subject: Liability of OEM > Date: Thursday, September 17, 1998 2:07 PM > > 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).
