Apples' FaceTime On what legal theory/theories should/would the Modisette base their lawsuit against Apple? If the Modisette's’ lawsuit alleges Apple’s negligence, what is their best argument regarding negligence? If the Modisette's’ lawsuit alleges product liability, what is their best argument regarding product liability? In your reasoned opinion, is Apple legally responsible for Mariah Modisette’s death? Explain your response.
Chapter 15. Product Liability and Consumer Protection Business Law Book Paul A Sukys / Gordon w
Modisettes can base their lawsuits only on two grounds. They are negligence and product liability. However, the strongest argument will be negligence from the part of Apple in putting product features to prevent misuse of the phone in reckless behavior. They should base their lawsuit on negligence.
Negligence: In case of negligence the Modisettes family can argue that Apple has capabilities in their phone such as GPS, accelerometer and gyro meter. The combination of these technologies can allow Apple phones to detect movement on the street which could be inferred as the user being present in the vehicle. This means that if Apple wanted they could have put in safety mechanism that would prevent (or limit) usage of phone when someone is on the road or in a vehicle. However, they have not considered this feature as important and that can be held against them as being negligent.
In my opinion, Apple is not legally responsible for Mariah Modisette’s death. The responsibility lies with the driver of the vehicle who killed Mariah. This is because a phone is reasonably supposed to be able to receive and make phone calls irrespective of their position. It is the responsibility of the driver not to use the phone while driving and in fact there are rules and laws against such reckless behavior. The driver of the vehicle was not using the product as it is supposed to be used and by using phone while driving he was in violation of traffic laws. Thus overall the responsibility lies with the driver and not with Apple.
Apples' FaceTime On what legal theory/theories should/would the Modisette base their lawsuit against Apple? If the...
Please see the articles below… 1. What is your opinion on the subject? 2. Which ethical views (i.e., utilitarian view, moral rights view, justice view, practical view) you feel are being used by both sides of the argument (i.e., for and against downloading) to justify their positions? High Court Enters File-Sharing Spat; Justices Must Determine Software Providers' Liability For Copyright Violations by Anne Marie Squeo. Wall Street Journal. (Eastern edition). New York, N.Y.: Mar 30, 2005. pg. A.2 WASHINGTON -- The Supreme...