This reminds me to the following help desk statement: "The cup holder on my 
computer stopped working."

https://www.flickr.com/photos/helter-skelter/8385454193/

Reasonable foreseeable misuse? Looks that many are doing this. 


Dieter Paasche
Advanced Product Developer, Electrical
CHRISTIE
809 Wellington Street North
Kitchener, ON N2G 4Y7
Phone: 519-744-8005 ext.7211
www.christiedigital.com

This e-mail message (including attachments, if any) is confidential.  Any 
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-----Original Message-----
From: Ted Eckert [mailto:[email protected]] 
Sent: Friday, October 17, 2014 4:55 PM
To: [email protected]
Subject: Re: [PSES] Misuse mains cordset

I recognize that I am taking my own risk by posting a potentially contrary 
response to the esteemed Mr. Nute. 

I'm not sure that I agree that foreseeable misuse is an oxymoron, although I 
prefer the term "reasonably foreseeable misuse". We know that certain types of 
products will either be used for something that is not the original intended 
purpose or they will be used for their intended purpose in an inappropriate 
fashion. 

For the first example, I can state that a wooden pencil is intended to be used 
for writing. However, I can foresee that some users will chew on their pencils. 
The pencil is not designed, intended or marketed to be used for stress relief, 
but we know that people will chew on them. One design safeguard would be to 
make sure none of the materials used are toxic if ingested.

For the second example, I will cite people standing on the top level of a 
ladder. The user places themselves in an unstable position if they stand too 
high on the ladder. The ladder is still being used for its intended purpose, 
but it is being used in a way that that significantly increases the risk to the 
user. In this case, a design safeguard becomes much more difficult to 
implement. Most ladder manufacturers implement instructional safeguards. Modern 
ladders are now plastered with caution and warning statements. 

Mr. Nute asks what foreseeable misuse of a computer would be. I would propose 
that using a computer outside of the published environmental conditions is 
foreseeable. I can foresee somebody cleaning the keyboard on their laptop with 
a wet rag. I can foresee leaving a laptop in a car on a hot day. Either case 
may create a potential hazard for lithium-ion batteries. Many computer 
manufacturers implement both design and instructional safeguards for both of 
these conditions. Neither is the intended use of a computer, but might they be 
considered foreseeable?

The problem comes with determining what "reasonably" means. Many courts will 
interpret this to be what a "reasonable person" would do. This only shifts our 
problem to defining what a reasonable person is. 

I will offer a slightly more humorous view of misuse in the following video. Is 
this a reasonable person or reasonably foreseeable?
https://www.youtube.com/watch?v=SarpypNskcc

Ted Eckert
Compliance Engineer
Microsoft Corporation
[email protected]

The opinions expressed are my own and do not necessarily reflect those of my 
employer. 

-----Original Message-----
From: Richard Nute [mailto:[email protected]]
Sent: Friday, October 17, 2014 11:33 AM
To: [email protected]
Subject: Re: [PSES] Misuse mains cordset

Misuse is unique to what you want
to do.  You use (misuse) the
product to accomplish your
particular objective which differs
from the intended use of the
product.  You stand on a chair
(intended for sitting) to reach
something that would otherwise be
out of reach.  The US TV program
MacGyver (~1985-1991) was based on
misuse of common things to solve a
problem.  

"Foreseeable" misuse is an
oxymoron.  You can't foresee misuse
of a product unless you know what
the user wants to do (his
objective).  The product and its
misuse was the fun of the MacGyver
TV program.  More seriously, what
is a "foreseeable misuse" of a
computer?

The term "foreseeable misuse" has
been foisted upon us for years, but
we don't know what it means or how
to protect against it (even though
we are required by some safety
standards to provide safeguards
against "foreseeable misuse").
How do you protect someone who
stands on a chair?  How do you
protect someone who misuses a
computer?

My neighbor took the guard off his
portable saw and was injured.  This
was clearly misuse.  How do you
provide protection when the user
removes the safeguard?

For an eye-opening treatise on
misuse, see Don Norman's
"Psychology of everyday things" and
his other books.


Best regards,
Rich




-----Original Message-----
From: Doug Powell
[mailto:[email protected]]
Sent: Friday, October 17, 2014
10:06 AM
To: [email protected]
Subject: Re: [PSES] Misuse mains
cordset

In recent years many standards have
been adding risk assessment to
their requirements. A part of this
is all about foreseeable misuse.
That said I do not feel it is
appropriate for a manufacturer to
"police" every action if the end
user.   You best bet may be to
mitigate by saying something along
the lines of "not for use for any
other purpose..."


Thanks, - doug

Douglas Powell
http://www.linkedin.com/in/dougp01

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