Customers are placing increased demands on companies for high quality, reliable products. The increasing capabilities and functionality of many products are making it more difficult for manufacturers to maintain the quality and reliability. Traditionally, reliability has been achieved through extensive testing and use of techniques such as probabilistic reliability modeling. These are techniques done in the late stages of development. The challenge is to design in quality and reliability early in the development cycle.
Historically, engineers have done a good job of evaluating the functions and the form of products and processes in the design phase. The designers of the product went wrong when they feel that have not always done so well at designing in reliability and quality. Often the engineer uses safety factors as a way of making sure that the design will work and protected the user against product or process failure.
The injuries could have been mitigated with reasonable efforts and expenditures. If you have been practising in the personal injury area for any length of time you have acquired a basic knowledge of the law of damages. You innately know what a plaintiff needs to prove to recover damages and what steps can be undertaken by the defence to attack the plaintiff’s damages claims. However, in my experience, while many lawyers are aware of the concept of mitigation they fail to consider it in sufficient detail when preparing their cases for discovery, mediation, pretrial and trial. The purpose of this paper is to provide you with a basic understanding of the law of mitigation and some practical advice regarding how to properly address mitigation issues.
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