CHECK THESE SAMPLES OF Damage awards should be capped for product liability suits
...in 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
...by safety-related defects of products. The failure of most companies to be responsible for their products resulted to product liability lawsuits. As a consequence, severe damage on the profit and sales can be experienced with a tainted reputation from the consumer perception. The case of Toyota Motor is an example of how product liability can make or break the success of a multinational company. This paper will examine the product liability suits of Toyota and their actions taken to face and mitigate the adverse effects of the staggering market complaints. Keywords:...
8 Pages(2000 words)Essay
...?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
...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
....).
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
..., 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
...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
... 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
...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
...Product Liability Case Product Liability Case Product liability cases have in recent years seen a significant increase, especiallyin terms of injuries filed in court by people who, despite undergoing minimally invasive surgery, develop serious cartilage damage. The U.S. Courts of Appeals for the Ninth Circuit recently revived a case filed by Christina McClellan after suffering an injury caused by a shoulder pain pump, overturning a decision made by the district court. Christina McClellan underwent surgery on her troublesome shoulder twice in 2004, during which her attendants had administered pain killers using the...
3 Pages(750 words)Research Paper
