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Product liability assignment
Product liability assignment
Product liability assignment
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Legal Issues:
The Plaintiff, Daniel Boone has sued the defendant; Zoom Car Company for his medical expenses resulting from being dragged from his car and being beaten, when he drove to a high crime area because of a faulty compass. The plaintiff claimed that the reason for this attached was that the compass that was installed in the car he bought from Zoom was faulty and led him in the wrong direction where he got lost and ended up in awful situation that led to the beating. According to the case note, Zoom Car Company manufactures automobiles; the company installs additional extras and features in their automobiles. The feature in question was the onboard compass manufactured by Corrigan Rulers Compasses and Slide Rulers Inc. The Plaintiff had purchased a car from Zoom which unfortunately had a faulty compass installed in it. The claim here is that the faulty compass is responsible for what happened to the plaintiff.
Plaintiff's Arguments
The plaintiff could argue that Zoom Car Company should be responsible for his medical bills because what happened what a direct result of the faulty compass installed in the car he bought from Zoom. The plaintiff could claim that the defendant is liable under product liability consumer protection act. Product liability is the liability of manufacturers, sellers, and others for the injuries caused by defective products .The Tort principle allows an injured party to bring a civil lawsuit to seek compensation for damages caused by defective products. The plaintiff could prove that the fault with the compass was due the defendant’s negligence that Zoom Car Company did not properly design, test or assemble the compass and by so doing the defendant has breached a duty of care to the plaintiff. It...
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...duty of care to the public to test and make sure that the compass is in good working condition before selling the automobile to the public. Secondly, assuming the compass was in good working condition before the plaintiff bought the automobile, there is no way that could be proven in court. In my opinion based on this case, I strongly believe that the Zoom Car Company should be responsible for what happened to Daniel Boone considering the fact that the compass installed in the automobile he bought was faulty and he witnessed the unfortunate accident which could have been prevented assuming Zoom did their duly diligence when installing the compass.
Reference:
Cheeseman, H.R. (2007). The Legal Environment of Business and Online Commerce: Business Ethics, E-Commerce, Regulatory, and International Issues (Fifth Edition). Upper Saddle River, NJ: Prentice Hall.
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The appellant, Jesse Mamo, was a passenger in a vehicle driven by the respondent, Steven Surace. Whilst the respondent looked down to adjust the radio, a cow wandered on to the road, colliding with the vehicle . The appellant alleged that the respondent failed to use high beam or maintain a proper lookout. The respondent denied liability and pleaded contributory negligence. At trial, the Judge held that breach of duty of care had not transpired, as it was an unforeseeable risk causing an unavoidable accident, as the cow appeared too close to react. The Judge argued that the respondent acted appropriately toward ‘foreseeable risks”, which the cow was not part of.
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Jennings, Marianne M. Business: Its Legal, Ethical, and Global Environment. Mason, Ohio: Cengage Learning, 2008. Print.
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Business law: The. ethical, global, and e-commerce environment (14th ed.). New York: McGraw-Hill, 1998. Spadaccini, M. (2005, June 7). What is a "close corporation"? Entrepreneur Magazine - "The Entrepreneur" Ultimate Book on Forming Corporations, LLCs, Sole Proprietorships and Partnerships.
Laudon, Kenneth C. Traver, Carol. E-commerce: Business. Technology. Society 3th ed. Pearson Prentice Hall. Upper Saddle NJ, 2007.
Chesseman, Henry R. Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues. 8th ed. N.p.: Pearson Education, Inc. , 2016. Print.
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Stead, B. A., & Gilbert, J. (2001). Ethical issues in electronic commerce. Journal of Business Ethics, 34, 75-85.