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Product Liability Lawsuits: Boehringer Ingelheim - Research Paper Example

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Running Head: PRODUCT LIABILITY LAW SUITS Product Liability Lawsuits: Boehringer Ingelheim Insert Name Insert Grade Course Insert 10 June 2012 Introduction Product liability lawsuits make manufacturers of goods compensate consumers in case their goods and products become defective…
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Product Liability Lawsuits: Boehringer Ingelheim
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Download file to see previous pages The product liability law was amended from its original form such that it shifted from caveat emptor to strict liability for manufacturing defects, which make a product unreasonably dangerous. However, critics of product liability law suits have said that it enriches plaintiff’s attorneys and that it has added costs of sold goods. Businesses in this regard have sought the help of state legislatures and Congress in the hope that they can reduce damage awards that sometimes costs them millions of dollars (The Free dictionary, 2012). Prada drug manufacturer, Boehringer Ingelheim, is facing a court case because it allegedly failed to warn consumers of side effects of drugs. This paper gives an analysis of product liability law suits in relation to this company. Theories of Liability Negligence In most scenarios, a plaintiff’s cause of action can be based on four unique theories; negligence, breach of warranty, strict tort liability and misrepresentation (Nolo, 2012). For the case of Prada drug manufacturer, negligence charges were that the plaintiff suffered serious injuries and death from unstoppable bleeding problems (Malik, 2012). Negligence in this regard can refer to the failure to exercise ordinary or proper care. It signifies that the person in possession of legal obligation, for this case, Boehringer Ingelheim omitted to do what was expected to have been done, or that he carried out an action that was not supposed to have been done. The manufacturer in this case was, therefore, held liable for negligence because he lacked reasonable care in the design and production of the goods that caused the harm. A clear example is that a company may be found to have been negligent if employees exposed a low level of work performance or if the management were responsible for the poor performance of work through implementing improper procedures that were responsible for unsafe products (Nolo, 2012). Breach of warranty This refers to the deliberate failure of the person selling a produce to discharge the terms of a covenant or representation made concerning the quality of the product. Boehringer Ingelheim failed to keep its covenant by producing a defective product; the reason it is facing law suits. Product liability laws normally assume that sellers should give specific warranties concerning the goods that they sell and they are, therefore, required to defend such promises. How far Boehringer Ingelheim will defend its product, will attract a lot of interest because deaths have already been confirmed. Misrepresentation This concerns the areas of promotion of sales through advertisements. This may involve the manufacturer or seller of products giving false security about the safety of a certain product. Such sellers can do this by moving attention away from the dangers of using the product. For the case of Boehringer Ingelheim, it only concentrated on treatment and refused to look at the side effects, signifying that it shifted attention from the dangers of using the drug. The plaintiff, in such an event, can prove that he relied on the misrepresentation that were made upon the product in buying it. Misrepresentation can, therefore, be urged using theories of strict tort liability and those of breach of express warranty. The former may include extending the responsibility of the seller or the manufacturer of the product to all persons who were affected by misrepresentation. In such a situation, all those who were near the damage that was caused by the poor ...Download file to see next pagesRead More
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