Advantages And Disadvantages Of Product Defects

Defects in Marketing, this means that in the marketing process the company did not mention to what target market was the product directed to, or the marketing plan did not mention to the proper department about the right use of the ball. Improper instructions and failures to warn consumers of latent dangers in the product are also defects in

The large number of handlers in the process of manufacturing and packaging a product typically makes it difficult to prove when and how the manufacturer was negligent.

Question 14 5 out of 5 points Which of the following is not a rationale of strict product liability? Answer Selected Answer: Correct Answer: Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally. Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally.

BUGusa Inc. knew about the defect but made a conscious decision not to “redesign” the product because it would cost too much money. Sally may have a successful case claiming intentional tort, negligence, design and manufacturing defect, causation and damages and strict liability.

Other causes of actions in the personal injury complaint - which is the failure to exercise the standard of care that a reasonable person would exercise in similar circumstance. Another cause of action is strict product liability, which is that strict product liability is a legal rule where the distributor or manufacturer of a defective product is liable to a person injured by that product regardless of whether the defendant did everything possible to make sure the defect never happened. Another cause of action is design defect which is when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller and the omission of the alternative design renders the product not reasonably safe. Another cause of action is failure to warn which is when the foreseeable risks of harm posed by the product could have been reduced or avoided by the provision of reasonable instructions or warnings by the seller or distributor.

This memo is report about defective product being shipped. This memo also discusses how to handle the defective product and possibly saving Main Event Solution money without hurting customers. This memo also discusses the risk and reward for each situation.

Businesses could be held liable for negligent tort if their product injury, harms consumers or is falsely represented. Nonetheless, when the circumstances warrant, parties that are not guilty of negligence or an unintentional tort can still be subjected to compensations when their products injure customers (Seaquist, 2012) Recall Negligence is an unintentional tort wherein one party is injured result to some actions of another. There are certain factors that must be considered to determines whether a corporation acted negligently. The elements are the following: a breach of that duty, legal duty to use due care, a reasonable close causal connection between the breach and the plaintiffs resulting in injury, and the actual loss or damage to the plaintiff. This paper is going to discuss a negligent tort due to a company’s recall of its product. The company may be considered liable for negligence if there was no recall on their product and the product caused bodily harm to a consumer (Benjamin, 2015). Throughout the paper will discuss the reason of Toshiba recalling their laptop computer battery packs due to burn and because of its potential to catch fire on March 30, 2016 and the recall number is 16-131. If the company did not make the decision to recall their laptop computer battery could have been diligent. To prove the negligent tort the consumer must prove factors such duty to care and defenses of negligence (Seaquist, 2012).

According to FDA.gov 2009, the definition of recalls is, an action taken by a company to remove a product from shelves. There are three classes of recalls and two other types of recalls mentioned on FDA.gov. Class I recall involves a situation in which there is a probability that the use of or exposure to a product will cause adverse health effects or death. (FDA, 2009) Class II recall involves a situation in which use of or exposure to a product can cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health effects is remote. (FDA, 2009) Class III recall involves a situation in which use of or exposure to a product is not likely to cause adverse health consequences. (FDA, 2009) Market

If the rule applied is based on the risk utility analysis, the defendant may be liable for a design defect even if the product complied with all the existing levels of technological advances at the time the design was done. The plaintiff should then use evidence based on the risk-utility factors to establish a design defect and a prima facie case. The trial court must permit the jury to consider whether the risks of injury outweighed the utility of the product’s design so that it can be rendered defective.

Consumer guarantees refer to the comprehensive set of rights for the consumer in regards to defective goods. These rights allow the consumer to confront a business over its implied conditions. Implied conditions are unwritten terms of a contract that are usually assumed, such as a product being of acceptable quality prior to purchase. The product must be fit for the purpose of which it is being sold and it must be acceptable in appearance, safety and durability as well as being free from defects. Breaching this concept is considered illegal and can have serious repercussions in accordance to a business reputation or fees for its illegal breach.

Even though businesses do not like to recall its products, but when there is a safety problem involved a recall takes precedent over rather a company will lose money. Recalls are necessary to protect consumers from injuries, and to save lives. Recalls are beneficial to everyone when expedited effectively. From the act of negligence a company could publicly be exposed which could result in profit loss due to consumers being afraid or refuse to purchase the product, and the stock values could fall if the company is publicly traded. This can be very damaging for a business and could ultimately force the company to go out of business (Seaquist, 2012).

Liability for a warning defect falls to sellers if they have failed to provide adequate instructions

Mechanical Development – This team test the products designed by mechanical design, they test every

The plaintiff’s cause of action in this case would be the failure of Porsche to properly supply the 2005 Carrera GT with proper crash preventative measures and passenger safety features to protect the passengers of the car in the foreseeable event of a car crash. As a whole the case would be classified as alleged product liability negligence against Porsche, for failing to provide an electronic stability control system to protect against swerving to prevent crashes in a car that is advertised as a street legal race car. Also for providing side door reinforcements that fall below mass produced vehicles standards due to lack of proper welds and the poor strength of the material used, therefore inadequate to ensure safety of car passenger in the event of a crash. Lastly, for allowing a faulty gas line to be implemented in their

Product recalls have opened the company to numerous lawsuits from consumers that were hurt by the recalled products.