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- 2. What is Product Liability - Theories and Types Case study Edward vs. Home Depot, Black & Decker, Barbara ,Winetco - Real life Linked Case - Other Liability Concepts Table Of Content
- 3. Introduction: Product Liability
- Defined as the responsibility of a manufacture or vendor of goods to compensate for injury caused by defective merchandise that it has provided for user.
- Occurs when a cause of action is filed against a manufacture, seller or person who designed product, when an individual is harmed .
- Source: Legal Information Institute
- 4. Negligence- Referred to when their has been lack of reasonable care either during design producing and an unsafe product, assembly or production Misrepresentation- Being lead by the false pretense of a products safety & not by its hazardous potential Strict Liability Not having to proof fault only that the product was defective, injured you and your injury was a result of the defect Primary Theories of liability
- 5. Types of liability Manufacturing Defect Design Defective Marketing Def ect
- 6. Product Liability Cases
- 7. Case Study Ben purchases a Black and Decker electric saw at Home Depot. Barbara borrows the saw from Ben, and Edward, a neighbor across the street, is seriously injured when the blade of the saw flies off during use and hits him in the arm. Edward files a lawsuit for negligence against 1) Home Depot 2) Black and Decker 3) Barbara 4) Winetco, the maker of the blade used by Black and Decker Edward vs. Home Depot, Black & Decker, Barbara ,Winetco
- 8. 1. Was the Black & Decker product defective? 2. Was the design unsafe? 3. Was there a failure to warn of the potential hazard? Edward vs. Home Depot, Barbara Black & Decker & Winteco
- 9. If the injures were caused by negligence? If so he will need to be prepared to do the following:
- Proof the product really did malfunction
- Proof product was being used as the
- manufacture or seller intended
- He was injured as a result
- 10. Breach of Warranty Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction
- 11. Primary Theories
- Strict Liability
- 12. Negligence
- A basic negligence claim consists of proof of the following:
- 1. A duty owed.
- 2. A breach of that duty.
- 3. The breach was the cause in fact of the plaintiff's injury.
- 4. The breach proximately caused the plaintiff's injury.
- 5. Plaintiff suffered actual quantifiable injury.
- Source: Wikipedia
- 13. Strict Liability Is the standard for liability which may exist in either a criminal or civil context. Source: Wikipedia
- 14. Related Case Studies
- Hernandez vs. Arizona
- August 10, 1995
- Attempt to blame the consumption of alcohol, but is too broad.
- Liebeck v. McDonald's Restaurants
- McDonalds responsibility to not only inform consumers of the hot product but how hot
- The plaintiff suffered third degree burns.
- 15. Debate for Strict Liability
- Strict products liability requires manufacturers to evaluate the full costs of their products.
- Provides a mechanism for ensuring that a product's absolute good outweighs its absolute harm.
- Between two parties who are not negligent: manufacturer and consumer
- Seeks to diminish the impact of information asymmetry between manufacturers and consumers
- 16. Law Pertaining to Product Liability
- 17. Liability Tort
- Elements in determining the liability for negligence
- The plaintiff was owed a duty of care.
- There was dereliction or breach of that duty.
- The tort teaser directly caused the injury.
- The plaintiff suffered damage as a result of that breach.
- The damage was not too remote.
- 18. Tort : Wrong act! Causing one party to suffer a property loss or injury
- Home depot-
- retail store who sold item
- may still be liable for injuries
- Black & Decker/ Winetco
- Designed & manufacturer
- Defendant Barbara -
- Can be unintentional tort she was negligent in lending the saw without perhaps knowing if he new how to use the product.
- 19. Liability Remedies
- Four different types of damages from a products liability case:
- Compensatory damages
- Pain and suffering
- Punitive damages
- Loss of consortium
- 20. Consumer Safety Commission
- 21. Consumer Protection Consumer protection laws for product defects are: lemon laws which became widespread because automobiles are often an American citizen's second-largest investment after buying a home.
- 22. Product Recall
- The recall is an effort to limit liability for corporate negligence and to improve or avoid damage to publicity
- The FDA is responsible for protecting and promoting public health through the regulation and supervision
- 23. Consumer Protection U.S. Consumer Product Safety Commission
- The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency's jurisdiction.
- 24. Continuing the Case
- Provide the Lawyer with:
- The Product Itself
- Information about where you purchased it
- Any manuals or other material that came with the product
- Pictures of the product and where the injury occurred, if possible.
- Copies of medical records
- Time that was missed from work
- Receipts for any property damage
- Other Information
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