Articles on Law, Science, and Engineering

WHAT IS THE LEARNED INTERMEDIARY PROBLEM?[index]

Products are designed for specific uses and users. Some products, such as can openers and automobiles, are designed for unsophisticated users. Other products, such as airplanes, are designed for a highly trained user. The learned intermediary problem arises when engineers and lawyers disagree over whether a device is designed for a sophisticated rather than unsophisticated user.

For example, both engineers and lawyers agree that airplanes should only be operated by trained pilots. They also agree that lawnmowers are usually operated by untrained users.

However, they disagree over complex medical equipment such as an anesthesia machine. Engineers assume that complex medical devices will be used by trained, competent users. The law assumes that they will used by idiots.

In this article, we discuss why the law assumes that anesthesia machines are like lawnmowers rather than airplanes.

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