Negligence and Product Liability are two of our main topics for this week. Negligence is an “unintentional tort” because it happens by accident. Product Liability arises when one is injured by a defective product. Consider the scenarios below. Choose one and determine if it describes negligence or product liability. Explain your answer and be sure to discuss the elements of any claims that may arise. Daisy is driving in her car when her phone chimes. She picks up her phone and sees a text from her friend. While responding to the text Daisy runs a red light and causes an accident. Janet just moved from Florida to Minnesota and is enjoying the scenery of a beautiful snowfall when she sees a person slip and fall on the ice on sidewalk in front of her house. Larry is a lumberjack. He decides to purchase a new chainsaw. The first time Larry uses the chainsaw the product malfunctions and Larry is injured.
Chosen scenario :
Larry is a lumberjack. He decides to purchase a new chainsaw. The first time Larry uses the chainsaw the product malfunctions and Larry is injured.
In this case, Product liability arise as the product that Larry purchased malfunctioned causing injury. When the person is injured from the defective product they can file a lawsuit against the manufacturers, seller or distributor whoever is liable for causing the injury. Here the manufacturing defects product liability claims can be filed, as in such claims product seems to be safe while they malfunction due to manufacturing defects causing injury to a person as it fails to perform safely upon operating it. The elements of the claims to prove the product liability are :
a. The chainsaw caused injury to the Larry
b. He must be able to prove the injury is caused due to the defect in product and not negligence of Larry
c. The product was used as per intended by manufacturer while Larry suffered injury
Negligence and Product Liability are two of our main topics for this week. Negligence is an...
This week, our subject is tort law. Tort law essentially any legal action arising out side of a contract breach or some related business transaction. For example. You and I are walking down the same aisle in a store and I bump into you causing your shopping cart to tip over. The bump may be considered assault and battery and therefore any bodily harm I’ve done to you, I’m responsible for likewise whatever was in your cart if it was...