MODULE C - Legitimate.


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Mark on jumping board expressed that it was intended for use with NSPI Type II pools. ... an obligation to caution of dangers connected with this sort of jumping board. ...
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MODULE C - LEGAL SUBMODULES C1. Irreconcilable circumstance/Code Of Ethics C2. Antitrust C3. Torts C4. Protected innovation C5. Representing The Society

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REVISIONS DATE SLIDE CHANGE 7/7/08 Training module reconsidered completely. ASME C&S Training Module C3

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C3. Torts

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OBJECTIVES This submodule will Describe the potential tort issues that can emerge in gauges advancement and congruity evaluation exercises Provide direction in how to maintain a strategic distance from tort claims ASME C&S Training Module C3

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AGENDA What is a Tort? Potential Tort Issues in Standards Development Potential Tort Issues in Conformity Assessment Potential Tort Issues in the Implementation of New Technology ASME C&S Training Module C3

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I. WHAT IS A TORT? ASME C&S Training Module C3

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WHAT IS A TORT? Definition Civil wrongs perceived as justification for a claim recorded by a harmed party Example "Carelessness" bringing about mischief to people or property ASME C&S Training Module C3

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NEGLIGENCE CLAIMS Negligence Claims Plaintiff must exhibit that the litigant Owed an obligation of consideration Breached or neglected to release obligation Breach of obligation was immediate or proximate reason for harm to offended party\'s individual or property Damages ASME C&S Training Module C3

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TORT LAW AND ASME Activities where Potential Tort Claims Could Arise Promulgating intentional codes and guidelines Administering congruity appraisal programs ASME C&S Training Module C3

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II. POTENTIAL TORT ISSUES IN STANDARDS DEVELOPMENT ASME C&S Training Module C3

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NEGLIGENT STANDARDS DEVELOPMENT CLAIMS An association which renders an administration that is important to ensure a third individual or thing is conceivably obligated for any mischief coming about because of its inability to take sensible consideration in playing out the administration. Examination applies whether the endeavor was unwarranted or for thought. ASME C&S Training Module C3

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ALLEGED NEGLIGENCE IN THE PREPARATION OR DEVELOPMENT OF A STANDARD Claim would affirm that ASME neglected to take sensible consideration in proclaiming a code or Standard Cases forcing obligation have for the most part included exchange affiliations which are unique in relation to ASME. In any case, a creative offended party will utilize the exchange affiliation bodies of evidence to bolster a case against ASME C&S Training Module C3

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AVOIDING CLAIMS Guidelines Members ought to practice sensible consideration via: Carefully measuring all perspectives Using their best proficient judgment Objective, recorded specialized premise for the standard or code ASME C&S Training Module C3

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III. POTENTIAL TORT ISSUES ARISING OUT OF CONFORMITY ASSESSMENT ACTIVITIES ASME C&S Training Module C3

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NEGLIGENT MISREPRESENTATION IN CONNECTION WITH ASME PRODUCT CERTIFICATION PROGRAMS Party must illustrate: either that there was an inability to practice sensible consideration in granting a Certificate of Authorization or that insufficient consideration was taken in supervising the utilization of a code stamp ASME C&S Training Module C3

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NEGLIGENT MISREPRESENTATION IN CONNECTION WITH ASME PRODUCT CERTIFICATION PROGRAMS Issues The nearness of an ASME image might be misjudged as ASME\'s representation that the stamped thing meets the ASME standard. The genuine confirmation of an item\'s consistence is made by the ASME-ensured maker. Distortion is likely where others depend on the stamp as an affirmation of code consistence. ASME C&S Training Module C3

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AVOIDING CLAIMS Guidelines Reviews and overviews must be completed by skillful and qualified staff. ASME must act instantly, inside the points of confinement of due procedure, upon the receipt of a report of non-conformance. ASME C&S Training Module C3

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IV. POTENTIAL TORT ISSUES IN THE IMPLEMENTATION OF NEW TECHNOLOGY ASME C&S Training Module C3

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IMPLEMENTATION OF NEW TECHNOLOGY Potential Legal Claims Could Arise If new wellbeing upgrading innovation is presented however there is a deferral in modification to the standard New Jersey Supreme Court\'s choice in Snyder versus American Association of Blood Banks ASME C&S Training Module C3

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IMPLEMENTATION OF NEW TECHNOLOGY (cont\'d) Potential risk (cont\'d) Suit against the American Association of Blood Banks ("AABB") AABB is an exchange association The assertion in the claim was that the AABB neglected to change a standard for blood gifts The case focused on when solid innovation was accessible to screen blood for the nearness of HIV AABB was considered mindful in light of the fact that it neglected to join new innovation for HIV screening into its principles ASME C&S Training Module C3

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IMPLEMENTATION OF NEW TECHNOLOGY (cont\'d) Meneely v. S.R. Smith, Inc . (Washington Court of Appeals 2002) Lawsuit against National Spa and Pool Institute (NSPI) emerging out of a 1991 swimming pool mishap 16 year old 6 foot 4 inch kid broke his neck on a "move incline" plunging off a jumping board into a pool. Pool was developed in 1965. Plunging board was supplanted in 1974. Name on jumping board expressed that it was intended for use with NSPI Type II pools. Assertion was that by the mid 1970\'s NSPI knew about dangers connected with this kind of plunging board. NSPI distributed the main far reaching set of pool security measures. Court held that by distributed security principles NSPI intentionally expected an obligation to caution of dangers connected with this kind of jumping board. ASME C&S Training Module C3

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AVOIDING CLAIMS Guidelines Take preferred standpoint of advances in innovation Streamline the norms improvement handle so that new innovation can be executed ASME C&S Training Module C3

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CLOSING REMARKS Things to remember Operation of models improvement procedure and confirmation programs includes hazard Constant carefulness is required with respect to all people required in the process Direct inquiries to ASME Committee officers or staff ASME C&S Training Module C3

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SUMMARY What is a Tort? Potential Tort Issues in Standards Development Potential Tort Issues in Conformity Assessment Potential Tort Problems in the Timely Implementation of New Technology ASME C&S Training Module C3

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REFERENCES Legal Implications of Codes and Standards Activities: "A Guide to Tort Compliance for ASME Volunteer and Staff Members," issued by Codes and Standards Board of Directors ASME C&S Training Module C3

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