Case Report On Negligence Torts Essay

Case Report On Negligence Torts Essay

Length: 1490 words (4.3 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

paper on this week is regarding negligence torts. There are several aspects to negligence that will be outlined in this research paper. The initial paragraphs entail information on a product recall for Triaminic and Theraflu Products. Triaminic and Theraflu Products are medications that are used in the event of a cold or the flu. It is an over the counter medication that can be purchased at any pharmacy, grocery store or market. The recall was in reference to the issue with the child resistant closure. (www.cpsc.gov/) The incident arose because the company received twelve reports of kids unscrewing the locked caps and four reports of the children drinking the product. (www.cpsc.gov/)
Describe the product subject to recall, including the recall date, recall number, and the reason for the recall.
Triaminic and Theraflu Products recalled due to failure to meet child resistant closure requirement – risk of poisoning. The child-resistant caps on these medicines do not work properly. Recalled medicines were manufactured before December 21, 2011. Recall date: January 31, 2013 Recall number: 13-114 and this recall involves Triaminic® Syrups and Theraflu Warming Relief® Syrups for coughs, colds and fevers. There are 24 types of these two products included in the recall. A complete list of products, lot numbers and National Drug Codes (NDC) can be found at www.novartisOTC.com. Lot numbers are located on the bottom panel of the box and on the left side of the label on the bottle. The NDC number is located on the upper right corner of the front panel of the Triaminic Syrups box and the upper left corner of the Theraflu Warming Relief Syrups bottle. (www.cpsc.gov/)
Analyze whether the manufacturer would be liable for negligence if the...


... middle of paper ...


.... The recall that was selected involved children having access to ingest a medication that could have proven to be toxic.
Conclusion
The research on this week was quite informative and provided a plethora of information on negligence that is now common place knowledge but that does need to be recognized. Recalls occur on a daily basis and it is nice to know that there are safeguards in place to protect consumers when they do not have the capability to protect themselves. The components of negligence, though quite engaging, we quite informative. The ability to read through and understand the duty and standard of care definitions was interesting. The topic and breakdown of causation was also informative from the aspect of a consumer as well as a business owner. This assignment allowed a wealth of knowledge to be utilized and spread to peers and family members.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Tort, A Critical Subject Of Study When Analyzing Common Law Jurisdictions

- Tort, is a critical subject of study when analyzing common law jurisdictions. Tort, latin word for wrong, is the action of causing harm or loss to another person or party [1]. When there is an act of tort, the person who has committed the tortious act is called the tortfeasor while the person who suffered harm or loss from such act is called the injured party or the victim. Despite crimes may be torts, torts may not be crimes [1] simply because a tort may not have broken a law so it does not amount to criminal offense....   [tags: Tort, Tort law, Negligence, Common law]

Better Essays
1070 words (3.1 pages)

Action of Negligence Case: Millie vs Huck Essay

- Issue: Can Millie (plaintiff) bring an action of negligence against Huck (defendant) and prove he should be held liable for her loss and damages. Law: In the law of tort, negligence was established in Donoghue v Stevenson [1932] AC 562. It can be described as ‘an omission to do something that a reasonable person would do, or doing something that a prudent and reasonable person would not do. It is the failure to exercise reasonable care and skill’ (Gibson & Fraser 2013, p.166). Application: In a negligence claim, ‘a person is only liable for harm that is a foreseeable consequence of their actions’ (Gibson & Fraser 2013 p.166)....   [tags: Negligence Case Study]

Better Essays
590 words (1.7 pages)

Essay about The Tort Of Negligence Case

- Tort of negligence QUESTION 1 ISSUE: Will Kim be successful in suing the Ipswich council. RULE: Under tort of negligence, in order to be successful, claim must require the following properties as per Law in Commerce (5th edition) Sweeney, B., O’Reilly, J. and Coleman, A. PRIVITY OF CONTRACT: According to law, suit can only be filed by the contracting parties. Third party (i.e. party not a part of contract) cannot file a suit except in certain specified situations such as in case of principal agency relationship....   [tags: Tort, Law, Negligence, Contract]

Better Essays
1327 words (3.8 pages)

Cyber Torts And The Workplace Essay

- Cyber-Torts in the Workplace A tort is recognized as conduct that results in an injury or damages that are legally recognized (Lau & Johnson, 2014). Torts that occur on the Internet are referred to as cyber-torts. In the workplace, there are multiple cyber-torts that employees may commit, whether intentionally or unintentionally. Examples of such cyber-torts are cyber defamation, trespass to chattels, and conversion. Cyber-Defamation Cyber-defamation occurs when something is written about a company that is untrue and defamatory, meaning that it has the ability to damage the company’s reputation (Mew, 2013)....   [tags: Tort, Tort law, Negligence]

Better Essays
1101 words (3.1 pages)

Legal Torts Essays

- The United States legal system protects companies and employees from being affected by the constant moving, ever changing technology trend that is traveling across the world today. This paper will be comparing several events that have taken place at BUG, Inc. with their competitors, employees and customers. Comparison of the events and the legal torts that are being violated will be reviewed for each incident. We will discuss areas that the company or the employee or customer should be taking further action....   [tags: Intentional Torts and Negligence]

Free Essays
1903 words (5.4 pages)

Aspects of Contract and Negligence for Business Essay

- TABLE OF CONTENTS TASK BRIEF A 3 DIFFERENT ELEMENTS OF CONTRACT LAW 3 RIGHTS AND RESPONSIBILITIES FOR BOTH BUSINESSES AND CUSTOMERS 3 SOLUTIONS IN CASE OF BREACH OF A CONTRACT 4 Task 1 (with reference to Case Study 1) 4 Task 2 (with reference to Case Study 2) 5 TASK BRIEF B 6 WITH REFERENCE TO CASE STUDY 3 6 COMPARE AND CONTRAST LIABILITIES 6 NATURE OF LIABILITY IN NEGLIGENCE AND ITS EFFECT ON BUSINESS 6 TASK BRIEF C 7 DETAILED EVALUATION OF TORTS, THEIR NATURE, ELEMENTS OF TORTS AND DEFENSES 7 Task 4 (with reference to Case Study 4) 7 REFERENCES 11 Task Brief A Different elements of contract law Contract is like a confirmation on some pre-decided and agreed-upon terms and cond...   [tags: Contract and Negligence ]

Free Essays
2228 words (6.4 pages)

A Short Note On E And M : A Case For Negligence Essay

- Patron=P Employee=E MegaMart=M This memorandum will discuss the possible causes of action that P has against E and M. It will also discuss any defenses that E and M have against P’s cause of actions. Lastly it will discuss the standard in FL for being awarded punitive damages. Patron (P) v. Employee (E) Issue: Was employee negligent when he failed to remove the spilled paint on the aisle of the store. Rule: To show a prima facie case for negligence P will need to prove duty, breach, causation, and damages....   [tags: Tort, Tort law, Negligence, Law]

Better Essays
1468 words (4.2 pages)

Essay about The Ethics Of Negligence And Negligence

- Issue: Are the agents G Shepherd & Co. and the loose asbestos insulation assessor, Basil, liable in negligence for harm that has occurred to Roland and Belle’s family. Relevant Rules or law: The Tort of Negligence: The Negligence is the failure for someone to take reasonable care to prevent foreseeable injury, loss or damage to other people. It also contains both intended and unintended acts and omission. The Negligence action can only be liable to the plaintiff by counting the following three elements which are based on the balance of probabilities under common law and statute : 1 Duty of care The duty of care exists in the relevant situation where risk of harm or injury to plaintiffs was ‘...   [tags: Tort, Tort law, Negligence, Duty of care]

Better Essays
1119 words (3.2 pages)

Negligent Torts Are Most Common Types Of Tort Cases Essay

- Negligence Negligent torts are one of the most common types of tort cases. Negligent torts are cases that look at the actions of an individual or company that are not deliberate, but more so when an individual or company failed to act toward as a reasonable individual should, to someone whom he owes a duty to. Negligence action found in this particular tort can lead to personal injuries or monetary damages. The elements which constitute a Negligent Tort are defined as: a person must owe a duty or service to the victim(s) in question, and the individual, or company, who owes the duty must violate the promises or obligation; an injury, then must occur because of the specific violation, and t...   [tags: Tort, Negligence, Law, Common law]

Better Essays
1077 words (3.1 pages)

Alumina, Inc Essay

- Introduction Alumina, Inc. (AI) is a $4 billion dollar company operating in eight countries around the world. AI's business interests are in automotive components and manufacture of packaging materials, bauxite mining, alumna refining, and aluminum smelting (UOP, 2007). Five years prior, AI was reported to be in violation of environmental discharge norms discovered during a routine compliance evaluation inspection. AI was ordered by the Environmental Protection Agency (EPA) to clean up to which they promptly complied....   [tags: Case Study, Analysis, solution]

Free Essays
1729 words (4.9 pages)