Product Liability Essay

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Product Liability This week's question concerns liability and moral responsibility in consumer products. As the question is multi-part, the answer will be likewise. To begin, the first question addresses who should be liable for the voluntary actions of others. Specifically, if substantial information concerning the hazards of a product or service has been offered to the consumer, who is to blame if someone is injured? Similar to most questions derived from this course, the answer is "it depends." From a legal standpoint, the contract or arrangement must first be analyzed. If, for example, the activity is a high risk activity such as sky diving or feeding sharks on a scuba dive, then the legal concept of "duty of care" obviously…show more content…
In an ethical light, this arrangement of reasonable liability division is in keeping with our understanding of moral rights in the economic sense. According to the negative right of freedom of consent, all parties should be free to make any arrangement to which both parties agree. It is a moral imperative in this free consenting agreement or contract that both parties fully disclose all pertinent aspects of the arrangement, in this case, the disclosing of the inherent risks involved with jumping out of an airplane (Velasquez, 330). Once both parties are satisfied with the conditions of the agreement, they are free to commit to the agreement via contract. The buyer has freely accepted the risk of the product, and the seller has fulfilled his obligation to provide enough information for the buyer to make an educated decision. The liability transfers from the seller to the buyer once both parties have freely and knowledgeably entered the contractual agreement. In this arrangement, the rights of all parties have been preserved. Additionally, this arrangement fulfills the deontological requirements of an ethical contract. The seller has a moral duty to provide the safest product possible in relation to the nature of that product. The seller also has an obligation to disclose information about his or her product that could cause

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