Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

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 PAPER92.9% 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

Product Liability: The Case of Cigarette Manufacturers

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...
10 Pages(2500 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 liability arising from an unsafe product from the consumer towards the seller in order to safeguard the consumer. The rationale for placing high liability on the sellers and manufacturers regardless of the nature...
4 Pages(1000 words)Essay

Liability for Supply of Defective Product

...? Case Study on Liability for Supply of Defective Product Question ISSUE Whether Paul Price is en d to claim damages for the defective product under the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994? Is the Exclusion clause limiting the liability will be of any help to Tefal? RULE In UK, the Sale of Goods (Amendment) Act 1994 states that the buyers have the privilege to anticipate that the products that they purchase are: Possessing an adequate quality Suitable for all planned purposes. Paul Price has the right to demand a full refund from the retailer from whom he bought the Tefal Actifrys provided an adequate notice is given to the retailer within a” reasonable time“ that products supplied are of defective...
8 Pages(2000 words)Assignment

Product Liability Lawsuits: Boehringer Ingelheim

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...
6 Pages(1500 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 heed and thus should be deemed to have assumed the risk generated by the defect. The defendant may also propound that plaintiff is guilty...
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 liability for the harm, damage or injury resulting from the use or consumption of a product is placed...
12 Pages(3000 words)Essay

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

Ford Pinto Product Liability Case

This was after the Ford Pinto car model by the Ford Company was involved in the death and serious injury of two persons in Indiana State. Consequently, this paper undertakes a review of the product liability that was held against Ford Motor Company.
In 1970s, Ford Motor Company introduced a new car model on the market to compete against the Japanese and German imported vehicles that were on a rising popularity in the market. The new car model was known as the Ford Pinto which designed as a viable substitute to the fuel efficient and regularly smaller imported cars in the American market (Leggett, 1999). Indeed, the new model was able to sell over three million units throughout its production period. Unfortunately, the growing...
5 Pages(1250 words)Research Paper

Vicarious Liability

In any case, they can sue the individual workmen in their personal capacity or jointly with Whacky Builders Ltd.
Typically, employers are liable for the negligent conduct of employees and the consequences stemming from that conduct. First and foremost, the conduct complained of must take place in the course of employment. Early development at common law resulted in the ‘control test’ which is a means by which employee/employer relationships are defined. The ‘control test’ was introduced in Yewens v Noakes where it was held that an employee was a person who is under the directions and command of another. The person exercising command is the employer. (Yewens v Noakes (1880) 6 QBD 530.)
Further de...
10 Pages(2500 words)Assignment

Strict Liability of Law Philosophy

The use of the strict liability is also justified on the ground on of adoption of legal policies which attains a socially desirable purpose which the legislative body has the sole prerogative to promote and protect in the pursuit of public welfare. Arguments for and against the thesis using decided cases and other author’s views will also be discussed and resolved any issues will follow on the basis of whether there is enough ground or to uphold the thesis of this paper.
Strict liability rule first is beneficial to society. In at least two decided cases this theory was clearly shown by the courts. The first is the case of United States V. Balint et al., 258 U.S. 250 (1922). The facts of the said case had it that “...
7 Pages(1750 words)Coursework

Features of Markets and Marketing, Peculiarities of Product Placement

... or service is offered to him at a place and time that suits him. The importance of this can be gauged from the fact that often a deal is concluded at the most awkward time and place just because of the whim and fancy of the customer. This is more applicable when individual customers are involved for high value items or services. New ways of this P are use of mobile phones and the internet through which actual buying takes place these days. There is an however, an additional fifth factor that influences a buying decision and it is, 5 After sales service. In most cases a satisfied customer is a recurring customer and the best publicity a product or service can wish for. Lately another 3P’s have been added to the list and they are People...
11 Pages(2750 words)Coursework

The Launch of Kones New Product

Political: 90% of Kone’s sales come from international markets. This makes it very vulnerable to political stability in its global markets for example Italy is one of the markets of Kone and elevator regulations are governed in Italy by parliament. Thus, to bring MonoSpace i.e. an elevator without a machine room in compliance with standards, it would require an act by the parliament.
Economical: The performance of the elevator industry is directly proportional to the performance of the construction industry. The construction industry has a maximum potential in developing countries rather than in developed countries. The reason for this is that the developed countries have maximized their growth potential whereas the dev...
12 Pages(3000 words)Case Study

Medtronics Product Development and Human Resource Management

... The launch of new products to the market was very vital in the pacemaker business, where there were plenty of ideas from customers and competitors. The major challenge was to come up with the most suited products to the demands of the players given the level of technology in the market. As Medtronics started to lose its focus on the market, and instead started to create products that are independent by nature of manufacture without being strategically determined, its market share began to decline. As no systematic processes had been designed to continually improve the products on a consistent basis given a time period, the company had been slow to respond to market which its competitors had started to dominate. Their competitors, gaining...
10 Pages(2500 words)Case Study

Gross Domestic Product and the Nations Competency in Terms of Economic Welfare

It is often used to compare the economic performance to aid as a prediction tool and to analyze the business cycles and the recessive and expansive economic performances within them. This further aid economic and fiscal policy formulation of the government and is also used to analyze the consumer behavior and the economic phenomena involved. (Heakal, R. 2008).These figures can be a benchmark to compare economies of different nations and the economic prediction process is also made possible.

A usual pattern of assessing the Gross Domestic Product is to have an initial GDP report on every quarter which is an advance report. Two corrective reports follow this before the final figures on GDP are arrived at. It usually takes...
7 Pages(1750 words)Report

Green Product that Could be Offered in the Market

... marketing mix through 4P optimization. Green product promotion basically focuses on three areas – address a relationship between a product/service and the biophysical environment, promote a green lifestyle and present a corporate image of environmental responsibility (Dash). The extra pricing of the service can be justified by the overall saving and convenience to the customer. The service should first be introduced in the US market only as this market has the maximum internet usage penetration. This can be followed by other countries based on the success of the strategy. The web-purchasing will be a differentiating factor as compared to the other stores which should be used to target new clients. The incentive schemes attached with web...
6 Pages(1500 words)Essay

Human Development Index and Gross Domestic Product

The most recognized growth indicators of a nation have been GDP. Since HDI is a composite statistic gathered from data on life expectancy, education and GDP per capita, which are measured in three separate units, it faces serious criticisms. This project is meant to highlight the criticisms faced by HDI being used as an indicator of economic development against GDP, which has been so far the most widely used indicator of economic development. But it also takes the other aspects like, life expectancy at birth, literacy rates and living standards which are not considered by the growth index.

“Human Development Index is a summary measure of human development. It measures the average achievements in a country in three...
7 Pages(1750 words)Coursework

EU Law: Direct Effect, Indirect Effect and State Liability

The doctrine of direct effect is a principle that has been by the European Court of Justice and not is the EC Treaty. The development of the doctrine was done in a series of judgments. The doctrine is simple terms means that subject to satisfaction of certain conditions, rights and obligations which are created by EC law, may be relied upon by individuals and can be enforced in their national courts.

The doctrine developed in Case 26/62 Van Gend en Loos v. Nederlandse Administratie der Belastingen2, the Court found that the Treaty was more than an international agreement; it introduced a ‘new legal order’, which had its own institutions as well as legislative powers, thereby granting rights and obligation...

9 Pages(2250 words)Assignment

Torts and Product Liability

Chris missed breakfast because they had to leave the house very early in the morning to the airport. After dropping Jim at the airport, the two (Stella and Chris) went to the McDonald’s drive-through for the breakfast.
Stella ordered a McBreakfast and Chris her grandson, parked the car so that she could add sugar and cream to her coffee (Buchholtz and Carroll, 2008). She could not add the cream and sugar because there was no flat surface in the car where she could place the coffee cup and get the lid off. As an alternative, she placed the coffee cup between her knees and tried to get the coffee cup lid that way. As she tried to remove the lid, hot coffee spilled onto her lap (Buchholtz and Carroll, 2008).
Chris got out...
10 Pages(2500 words)Research Paper

The Environmental Damage of Oil Spills

Oil spills can be defined as the unintentional escape of liquid petroleum into the environment (Fleming 2). When boats carry a load of petroleum (black gold) along the high seas or oceans, accidents may occur. The accidents include leaks in the ships’ body. The ocean-going ships normally carry bunker oil. The leaks allow the escape of the precious liquid into the waters’ surface. Likewise, hurricanes and cyclones trigger the sinking of petroleum carrying ocean-going vessels. The sinking allows the ship's oil product to pollute the ocean.
Further, oil spills can also occur during gasoline station operations (Fingas 36). Some irresponsible gasoline station employees may accidentally spill diesel or gasoline onto th...
12 Pages(3000 words)Assignment
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