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I mean it’s not crazy to say “you fix it, you assume liability” right?
You can say it. Doesn’t mean that a jury will accept it.
It would be much better to have a third party examine it and decide who is liable.
Yeah, but manufacturers abuse that to deny liability regardless of what the cause of the failure actually was. So we have laws against just assigning liability to the user.
As it's written in the contracts, I assure you. And yet that's not as clear as day when it ends up in court, since hospitals hardly accept liability without going through all instances. Add negative press to the mix, and you got a nice shitshow going, which is harmful for patients (going crazy for having to undergo already risky treatments with device that's now considered faulty to some degree), the hospital staff (who faces potential charges up to involuntary manslaughter), and of course also the company that suffers from negative press (reputation and possibly financially).
If all of that can be avoided if certified technicians on the company payroll can do the maintenance, I'm not sure that's all bad.