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Respond to each classmate 100 words a piece.
The question they had to answer. (Discuss the three major areas of products liability as listed in the chapter and the three major defenses to products liability also listed in the chapter. According to the scripture, who if anyone has a duty of restitution?)
The major areas of product liability are unreasonable defects, without “substantial change” protection, and for the seller to be “engaged in the business of selling the product”.
An example of a requirement of proof of an unreasonable defective condition is moldy bananas in cereal. There are three different types of liability pertaining to defects: design defects, dangers of use due to lack of warnings or unclear use instructions, and errors in manufacturing, handling, or packaging of the product.
Another requirement is that a product reach the buyer without “substantial change”. This protects the seller from being liable for products that have been altered or changed. Vehicles are good examples of this. If a buyer modifies or alters the engine of a vehicle, then the engine warranty will be invalid.
Thirdly, the seller must be “engaged in the business of selling the product”. The example used in our textbook was the seller of beer at ballgames. The seller did not manufacturer the beer, but is responsible as the seller of the beer, therefore liable.
There are three defenses in a product liability tort: misuse or abnormal use of a product, contributory negligence, and assumption of risk. A misuse is the use of a product that the manufacturer has specifically warned against. Contributory negligence overlaps with product misuse. The example for each is the operation of a forklift. Loading a forklift with twice the maximum weight is product misuse. Operating the forklift for recreational purposes and getting injured in the process is contributory negligence. The last defense of product liability is assumption of risk. This is when the plaintiff was aware of a danger in the product but continued using the product.
The most common types of product liability cases are based on three different defects. These defects include; design defects, dangers due to a lack of warnings, and finally errors in manufacturing, handling, and/or packaging of a given product (Jennings, 2018).
Design defects refer to a product that may exhibit faulty design that exposes its user to unplanned and unnecessary risks (Jennings, 2018). It is optimal for a manufacturer to comply with state and federal regulations with a given product. It is also optimal to meet the industry standard in terms of technology for a product. The second major type of product defect, danger due to the absence of warning or instruction refers to the duty of product manufacturers to make buyers aware of possible dangers that come with the utilization of a product (Jennings, 2018). There is also a duty to supplement the product warnings to product users. Appropriate instructions must also be made available to users of a given product. The final product liability, mistakes in manufacturing, handling, or packaging of a product refers to the breach of duty that occurs when the manufacturer was negligent. An example would be drug manufacturers that potentially utilize packaging that may not be tamper-proof.
The three major defenses in product liability cases include misuse (or abnormal) use of a product, contributory negligence, and finally assumption of risk. The first major defense, misuse/abnormal use of product refers to any use of a product that the manufacturer has advised against in the instructions for a product. The second major defense, contributory negligence is normally a complete defense in product liability suits that deal with negligence. The third defense to product liability, assumption of risk refers to a scenario where a defendant uses a product with knowledge of the danger of its utilization.
When comparing business law to Biblical principles, a specific passage, Mathew 18: 15 – 17, can be used to parallel this week’s business principles. Matthew. 18:15-17 teaches readers that if our brother or sister sins, we should initially let them know of their fault, privately. If this goes on, however. they must be treated as a tax collector. This aligns with the product liability defense of contributory negligence and assumption of risk. In the event that an individual has been warned, according to Matthew 18:15-17, if one has been warned, no one is owed restitution. This also applies to contributory negligence.