Final presentation bus law

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  • 1.
  • 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
    Edward Needs Consider
  • 10. Breach of Warranty Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction
  • 11. Primary Theories
    • Negligence
    • Misrepresentation
    • 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
      • 1994
      • 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