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Product Liability: The Case of Cigarette Manufacturers - Essay Example

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Product Liability: The Case of Cigarette Manufacturers Introduction: Product liability refers to an area of law according to which different business manufacturing companies; distributing agencies, suppliers, as well as the retailers are held accountable in front of the local courts if the products or services they are offering to the public inflict injuries or are injurious to their health…
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Product Liability: The Case of Cigarette Manufacturers
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Download file to see previous pages In US, this trend is forcefully being adopted by many of the consumers who think that they have been harmed by these products and they really decide to take a legal action against those companies. This is the reason that there has been viewed a rapid growth of the litigation of product liability. This has even become an effective tool for the consumers to protect themselves as well as the society from the products that they consider harmful. The law has also been changed in this particular subject, i.e. from caveat emptor which means letting the buyer beware, to the strict liability for the manufacturing defects that the companies make which can also make the product irrational for the customers. Those manufacturers who actually produce or even distribute those products actually take the stance that this product liability has strengthened the customers’ legal representatives and it has also added an extra cost on the products that they are selling. They are also of the view that the harm inflicted to one person is a doubtful issue as there can be other reasons as well that might have inflicted him an injury and not their own product. So the heat is consistently generating across the US as well as other developed countries over the issue of product liability, in which the production companies are strongly opposed to the idea of one customers’ complaint to the court that might shut down even their whole business. What about those issues which are really dangerous for not just the one person but for whole society. The production companies are silent about those issues. The one and thorough example of the limited liability that seriously affects to, is the cigarette manufacturing companies. There are millions of people who want a legal action taken against these cigarette companies to be shut down as even the state laws say that smoking is really dangerous for health. In US in 2009, the most deaths in a year were the reason of the drugs and smoking. This is the reason that US society has now started taking strong actions against the cigarette manufacturing companies in US and this is the reason that now this case has been presented to the court and the hearings are now going on these days. Recently, the justices of the US Supreme Court have added two new cases to their docket which they considered the most serious to the whole society, and the cases were about drug and cigarette liability requirements. General theories concerning product liability: Most of the jurisdictions experience the cause of action of plaintiff to be based on the one or more than theories that they present in front of the judge(s). These theories are basically concerned with the negligence of the companies, breach of the warranty, misinterpretation of the product or service, and the strict tort liability. The negligence of the manufacturing companies actually refers to the irresponsibility, absence, and failure of the companies to exercise properly a care. A manufacturing company can be considered or held liable for the negligence it commits if the lack of the reasonable care in the production of a good, designing, or the assembling of particular good is done improperly, and in which the company is directly involved in causing a harm to its ...Download file to see next pages Read More
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