A reason for a risk analysis cannot be expressed more compactly
An economic operator makes a product available on the market, the purpose of which is basically determined by the manufacturer.The product can also be used for other purposes than the intended purpose.The economic operator has to determine this predictable use of the product (formerly: misuse) from a rational point of view.This is always a case-by-case analysis.The following must be taken into account (as far as possible):
- the peculiarities of the legal provisions relevant to the product
- the social acceptance of the remaining risks
- Findings from the accident and product observation as well
- the level of knowledge of the user group1).The following statements can justify the tendency to assign behavior to foreseeable use and serve as a guide: - Situations that can be rationally justified, correspond to common experience and common sense.(Example: touching the oven door by small children).
1) Unless the product is expressly intended for a particular group of users (e.g. for children or for people with disabilities or for specialists), the manufacturer can assume an "average informed, attentive and sensible user". The yardstick is not the "stupidest user to be assumed"
Best Case-Worst Case
Extract Low Voltage Directive 2014/35/EU