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Subject:Credits in books From:Alexander Von_obert <avobert -at- TWH -dot- MSN -dot- SUB -dot- ORG> Date:Fri, 20 Sep 1996 15:55:01 +0100
Hello David,
* Antwort auf eine Nachricht von David Somers an All am 20.09.96
DS> From: David Somers <David -dot- SOMERS -at- ST -dot- COM>
DS> Perhaps the same ones I would refuse to put my name in a
DS> manual: Liability.
DS> And according to European product liability
DS> legislation, a
DS> user can sue anyone who was involved in manufacturing and
DS> might be liable for
DS> his damage. If he sues me, *I* have to prove that I am *not*
DS> guilty.
DS> When your customers sign-orf a book don't you get them to
DS> accept all and any
DS> liability and so take you out of the legal loop?
There are two quite different things:
- There is a treaty between my customer and me. Of course I do as you say.
- Some end-user suffers a damage and wants to sue the manufacturer or anyone
involved in manufacturing - his or her choice.
In the latter case he could legally sue me. Then I would have to show that it
was NOT my fault. The judge might even argue that the product was dangerous
and
that I should not have documented it as is was, but urge the manufacturer to
modify the design.
The easiest way to keep out of trouble is to remain out of sight.
And remember: This is law in the European Community, not in the US. The basic
idea is that a normal consumer cannot prove who was involved in manufacturing
and is responsible for the fault of the product. Therefore the consumer may
sue
anyone who might be involved and the other side is to show that he is
innocent.