Legal Commentary on Negligence Essay

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Legal Commentary on Negligence

The article:
General Motors has recalled 224,000 1998/1999 Cadillac Deville Sedans. As a result of a defective side impact sensor module, the vehicle's airbag may either unintentionally deploy or not deploy at all. To date, there have been 306 reports of the sensor malfunction. Of these, 61 of the incidents have resulted in minor injuries such as cuts and bruises. Deemed as "the responsive thing to do", General Motors started notifying owners of the vehicle by mail commencing Sept. 25th, 2000. At present, the requisite replacement parts are out of stock, as they were no longer manufactured. However, General Motors has commissioned the original manufacturer of the sensor to produce a
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Furthermore, General Motors may also be found liable in its failure to meet the duty to warn of a continuing nature. However, the scope of the paper limits the analysis exclusively to establishing negligence.

Negligence Law
In order to successfully establish General Motor's negligence, the product liability case must comply with the following established principles:
1) Is there a Duty of Care toward the injured party?
Indisputably, General Motors has a duty of care. The responsibility of a manufacturer was established in Donaghue v. Stevenson, (1932) A.C. 562, which established the principle that manufacturers have the duty to ensure that the ultimate consumers of their product do not sustain injuries as a result of the use of their products. Manufacturers of goods and services are subject to a high duty of care given that these businesses commercially profit from the purchase and use of their products.

2) What is the standard of care that should be applied in this particular instance?
Once a duty of care has been established, the defendant(s) standard of care must then be determined. In view of the fact that General Motors stands to commercially gain a significant amount of revenue and profit from the sale of their products, these large multi-national firms are positioned with a high
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