ABSTRACT:

This article provides a primer on the the type of product liability theories that a company which uses parts outside the manufacturer's specific temperature range may face should death, injury, or property damage arise from their use. More importantly, the article sets forth basic parameters of a product liability prevention program for companies that uprate (using a part outside it's intended specifications) parts, emphasizing the acute need for "top to bottom" education and training of company personnel- from program managers to test technicians to hazard analysts. The basic axiom of this article is clear: unless the company is well-trained in the legal "hot spots" identified here and has a developed a well-managed product liability prevention program, an injured party's lawyer will be able to exploit the facts concerning these uprating activities in any future product liability action.
 

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