Nobody downloaded yet

Damage awards should be capped for product liability suits - Research Paper Example

Comments (0) Cite this document
Even though majority of the companies ensure high quality products that meet the needs of their consumers, the high number of…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.7% of users find it useful
Damage awards should be capped for product liability suits
Read TextPreview

Extract of sample "Damage awards should be capped for product liability suits"

Download file to see previous pages This implies that if consumers are injured or suffer because of a product they purchase and use, they should possess a defective products claims. One of the key aspects of a product liability claim is determining the amount and the type of damages that a consumer suffers after using a product. Due to the complexity of determining the compensation, it is imperative for consumers to estimate their damages up front. For instance, if the consumer suffers minor injuries and the financial losses incurred are insignificant, then it implies that it is unnecessary to initiate a claim. In the same way, consumers who suffer fewer damages have a less chance of finding a lawyer as compared to those who incur significant damages. Customers who suffer significant damages are advised to catalog and list the damages at the beginning of their lawsuit (Kinzie and Mark 21).
The responsibility for a defective product lies with a manufacturer or anyone who supplied the product. On the part of the manufacturer, he is responsible for producing the product that causes damage to the consumer. In the same way, the initial design of the product may be of poor quality, thus resulting to the defects during the production process. Additionally, poor marketing by the manufacturer, making of misleading claims and lack of providing the correct information regarding the product makes the manufacturer to be responsible for a defective product. Once the products are distributed from the manufacturer to the retailers, the retailer can also be held responsible. It is important to note that if a manufacturer is no longer operating his or her business or it becomes difficult to identify the source of a defective product held by a retailer, consumers can seek for compensation from the retailers. This implies that all the members of the distribution channel have an obligation of ensuring that products they handle are safe (Moore and Michael 26).
Despite that consumers are the major ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Damage awards should be capped for product liability suits Research Paper”, n.d.)
Damage awards should be capped for product liability suits Research Paper. Retrieved from
(Damage Awards Should Be Capped for Product Liability Suits Research Paper)
Damage Awards Should Be Capped for Product Liability Suits Research Paper.
“Damage Awards Should Be Capped for Product Liability Suits Research Paper”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Damage awards should be capped for product liability suits

Ethics Questions: Torts and Product Liability situations where there is no negligent conduct or contract by the sellers and manufacturers. Product defects result in lawsuits of product liability as a result of human error where an essential part may have been left or a part that is defective may have been added during the process of manufacturing. The defendant of the product defect lawsuit may prove that the product did not meet design specifications and standards of performance by the manufacturer. In such a case, the manufacturer of products is liable to any damages caused by defects in their products. However, the injured...
4 Pages(1000 words)Essay

Product Liability and Intentional Tort

...?Hypothetical Issues on Product Liability and Intentional Tort Hypothetic Product liability issues in the case Chase’s hypothetic case of injury by the paper shredding machine within the work place touches on whether Chase should be compensated for personal injuries caused by the machine. Product liability law is a division of tort law which seeks to a cause of action against the product’s manufacturer, seller or designer in situations where a person is injured by the product. Over the years, product liability law has shifted the...
4 Pages(1000 words)Essay

Product Liability Lawsuits: Boehringer Ingelheim

...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...
6 Pages(1500 words)Research Paper

Black History: Black Plague in England

3 Pages(750 words)Research Paper

Warranties and Product Liability

....). For once, there is a statute that is favorable to defendant manufacturer and this is called Statute of Repose, which is a statute of limitations but "it limits the time within which a plaintiff can file a product liability suit" (Miller & Jentz 2005, p. 402). Warranties 9 Defendants in damage suits also have at their disposal a few legal defenses to product liability. In assumption of risk, defendant can claim that they made a product recall but that vendee refused to...
8 Pages(2000 words)Essay

Product Safety and Product Liability

..., and the lotion proves to be causing skin disease to consumers across these countries, then A may be sued under tort in his domicile in a suit originating from France, and another one from Germany, and another one from the Netherlands thereby causing a multiplicity of suits. This problem is common also to producers involved in e-businesses where tortious claims may be launched on member states where the tort arose, and also from the state where the producer is domiciled thereby resulting in multiplicity of suits arising from the liability of the same product. The problem of Roman II Regulations on e-business As earlier discussed, the...
12 Pages(3000 words)Essay

Market Structure: Jamie's Kitchen

4 Pages(1000 words)Assignment

Product Liability

...Product Liability The U.S Companies should be liable. The companies should have the responsibility of ensuring their products are safe. They must be held liable for placing products with defects knowing very well they will be used by individuals. This happens for the company fails to carry out the required inspections to ensure all products do not have defects. Anyone that allows the product to be available in the market without proper investigations on the products is held liable if they cause any injury or damage to consumers. The companies will be held liable since the release of the product to the market shows high levels of negligence and lack of consumer protection. Since the retailers utilize raw ingredients yet they know... that they...
1 Pages(250 words)Research Paper

Product Liability Lawsuit against Toyota

... level overlooking upon product safety concerns and product liability as well as corporate social responsibilities. The law suits again Toyota basically were categorized into two different types. Personal Injury law suits which were mostly claimed by people who suffered injuries due to defective parts of the motor vehicle and the class action law suits which was basically claimed by manufactures and even stock holders to compensate for the economic loss suffered from deflected parts of the car (Washington, D.C.: U.S. G.P.O. 2007) For personal injury law suits, the plaintiff must prove three aspects to the court of law; the plaintiff must have suffered loss, the manufacturing part was deflective and the injury was basically due... to the...
6 Pages(1500 words)Research Paper

Ford Pinto Product Liability Case

...costly to the firm. Indeed, the analysis revealed that the cost of the safer design was $137 million while the price of the injuries, deaths and car damages upon an accident was $49.5. The introduction of this defence evidence was based on a previously held BPL formula by Judge Learned Hand on product liability. The judge found that a company should take precaution if the precaution cost was less to harm-cost expected and discard the cost if it becomes a liability. Thus, Ford Motor Company claimed it was justified in failing to implement the safer design since it could pay off any possible lawsuits at a lower cost. However, in arriving at the punitive...
5 Pages(1250 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Damage awards should be capped for product liability suits for FREE!

Contact Us