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22--Non-Employee Accident Prevention
cause of injury (contributory negligence). For example, when opening a glass tooth brush container, claimant used such undue force that he cracked the glass and suffered an injury as a result
The retailer or other middleman can subrogate the claim by instituting an action against the manufacturer claiming the latter bears the primary responsibility for putting de fective products in the "stream of trade"
Precautions the seller can take to avoid claims
Appropriate warning labels should be placed on the product if necessary, or require the manufacturer to do so
Imported products must have warning labels and directions printed in understandable English
Where necessary, an appropriate instruction manual should be attached or sent along with the package The "proper" use of the item must be stressed
Check the phrases used in the product ad vertising copy for possible implied mis representation, such as "fire resistant," "ab solutely safe," "foolproof," "nonflammable "
Anytime any sketches, photos, or diagrams accompany products they should emphasize accident prevention features and safe opeiating devices such as safety switches and guards
Teach and tram sales and service personnel in the use and dangers of products and how to advise customer accordingly
Instruct employees not to contradict or change any of the manufacturer's instructions.
References
American Nabonal Standards Institute, 1430 Broadway, New York, N Y 10018 Manual on Uniform Traffic Control Devices for Streets and Highways, D6 1 Method of Measuring and Recording Patron and Non-Employee Injury Statistics, Z108 1 Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, A17 1
Matwes, George and Helen Loss Control A Safety Guidebook for Trades and Services New York, N Y, Van Nostrand Reinhold Co 1973
National Fire Protection Association, 470 Atlantic Ave, Boston, Mass 02210 Auxiliary Protective Signaling Systems, Standard No 72B Installation of Air Conditioning and Ventilating Systems, Standard No 90A Life Safety Code, Standard No 100 Local Protective Signaling Systems, Standard No 72A Proprietary Protective Signaling Systems, Standard No 72D Remote Station Protective Signaling Systems, Standard No 72C Central Station Protective Signaling Systems, Standard No 71
National Safety Council, 444 North Michigan Ave, Chicago, 111 60611 Industrial Data Sheets Carbon Monoxide, 415 Escalators, 561 Evacuation System for High-Rise Buildings, 656 Falls on Floors, 495 Fire Prevention in Stores, 549 Floor Mats and Runners, 595 Parking Lots--Self-Service, 597 Sidewalk Sheds, 368 Nabonal Safety News Reprints "Slips and Falls--Part I, Factors in Detecting and Correcting Floor Slipperiness " "Slips and Falls--Part II, Elusive Factor in Falls The Shoe Sole " Supervisors Guide to Human Relations
"Property Conservation Engineering and Management" Record, 50 3 (May-June 1973) Factory Mutual System, Norwood, Mass 02062
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