However, the arguments against a strict-liability standard are more compelling. First, the standard is costly. It forces manufacturers to incur undue expenses for overbuilding, excessive safety testing, and defending liability law suits. Consumers are then damaged by ultimately bearing these costs in the form of higher prices. Second, the standard can be unfair. It can assign fault to the wrong party; where a product is distributed through a wholesaler and/or retailer, one of these parties may have actually caused, or at least contributed to, the injury. The standard can also misplace fault where the injured party is not the original consumer. Manufacturers cannot ensure that second-hand users receive safe products or adequate instructions and warnings. Finally, where the injured consumer uses the product for a purpose or in a manner other than the intended one, or where there were patent dangers that the user should have been aware of, it seems the user, not the manufacturer, should assume the risk of injury.
In sum, despite compelling interests in consumer safety and product innovation, holding manufacturers accountable for all injuries caused by their products is unjustifiably costly to society and unfair to manufacturers.
68. Since the physical work environment affects employee productivity and morale, the employees themselves should have the right to decide how their workplace is designed.
由于物理工作环境影响雇员的生产力和士气,雇员自身应该有权决定如何设计他们的工作场所。
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