Product Liability
Product Liability Research Paper Shericia Bonnett
Professor Kapalko
LEG 500 – Law and Ethics In the Business Environment
09/09/2012
Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However, in the event that a product is defective and causes injury to the person using it, the manufacturer may be liable for the injury and have to compensate the injured person (s). Companies that manufacture products need to be sure they are doing all within their power to assemble products that are free of defects that could accidentally cause harm and cost the company. Product liability is the responsibility of manufacturers, distributors and sellers of products to the public, to deliver products free of defects which harm an individual or numerous persons and to make good on that responsibility if their products are defective (Product Liability, 2011). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned or given, are the subjects of products liability suits (Product Liability Law). Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. If a person(s) is injured while properly using a product that is defective, they have a right to file a claim against the company that would be titled a product liability lawsuit. However, in order to prevail on a product liability claim, the product complained of must be shown to be defective (Product Liability Law, 2011). A defective product causes injury or damage to a person or a person's property because of some defect in the product, its labeling or the manner in which the product was used. There are three types of product defects that incur liability in manufacturers and suppliers: design defects,
Professor Kapalko
LEG 500 – Law and Ethics In the Business Environment
09/09/2012
Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However, in the event that a product is defective and causes injury to the person using it, the manufacturer may be liable for the injury and have to compensate the injured person (s). Companies that manufacture products need to be sure they are doing all within their power to assemble products that are free of defects that could accidentally cause harm and cost the company. Product liability is the responsibility of manufacturers, distributors and sellers of products to the public, to deliver products free of defects which harm an individual or numerous persons and to make good on that responsibility if their products are defective (Product Liability, 2011). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned or given, are the subjects of products liability suits (Product Liability Law). Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. If a person(s) is injured while properly using a product that is defective, they have a right to file a claim against the company that would be titled a product liability lawsuit. However, in order to prevail on a product liability claim, the product complained of must be shown to be defective (Product Liability Law, 2011). A defective product causes injury or damage to a person or a person's property because of some defect in the product, its labeling or the manner in which the product was used. There are three types of product defects that incur liability in manufacturers and suppliers: design defects,
References: Halbert, T., & Ingulli, E. (2012). Law & ethics in the business environment (7th ed.). Mason, OH: South-Western Cengage Learning. Hitachi Home Improvement Power Tools & Accessories (2010). Retrieved September 09, 2012, from www.hitachi.us/products. Product Liability (2011). Retrieved September 09, 2012, from www.legaldictionary.com. Product Liability Case Involving Nail Gun (2012). Retrieved September 09, 2012, from www.geklaw.com/news_nail_gun_victory.html. Product Liability Law (2011). Retrieved September 08, 2012, from. www.uslegal.com. US Consumer Product Safety Commission (2011). Retrieved September 09, 2012, from, www.cpsc.gov.