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Product liability negligence elements
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Negligent Tort: The Consumer Product Safety Committee was mandated with the responsibility of safeguarding the public from unreasonable risks of harm or death linked with the use of various types of products under the agency’s jurisdiction. In case of violation of a mandatory regulation, the agency usually issues a Letter of Advice regarding the infringement and the nature of appropriate corrective action. The violation is also accompanied by a product recall by the respective company and liability for negligence for any injury or death from using the product. Some of the major aspects under consideration during a product recall include duty of care, actual causation, standard of care, proximate causation, breach of the duty of care, actual injury, and defenses to negligence. Product Recall: An example of a recent product recall is the decision by IKEA to recall children’s bed canopies because of the risk of strangulation. These bed canopies are manufactured from mesh fabric and hang from the ceiling onto children’s bed or crib (“IKEA Recalls Children’s Bed Canopies”, 2014). These products measure nearly 7ft. long and approximately 2 ft. in diameter. Moreover, the canopy’s name is usually printed on the laundry instructions label fixed on the edge of the fabric through sewing. Generally, IKEA is renowned for manufacturing a wide range of high-quality and colorful children’s bed canopies at affordable prices. The recall of IKEA children’s canopies was primarily influenced by the risk of strangulation and recent cases of injuries associated with their use. In the past few months, there have been at least nine reports of children getting tangled in bed canopies across the globe. One of these incidents involved a 7-month-o... ... middle of paper ... .... failure to warn consumers. In conclusion, IKEA recent recall of children’s bed canopies is an example of a product recall incident attributed to the probable injury that a product can cause on consumers. This recall was brought by recent reports of its potential injuries including the case of the 7-month-old baby in the U.S. who pulled the canopy and wrapped it around her neck several times. The company liability for negligence is based on defects on marketing i.e. its failure to warn customers of the dangers associated with using the product. As a result, the company would be liable for pure comparative negligence in which the plaintiff is entitled to recover or compensation regardless of his/her extent of negligence while using the product. The most appropriate consumer protection statute that applies to the incident is the Federal Hazardous Substances Act.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
The CPSC (Consumer Product Safety Commission) was established in 1972 to oversee the safety of consumer products and holds the responsibility of protecting the American public from consumer products that have the capability of causing unreasonable injury or death. (McConnell, Brue & Flynn, 2012)
During the first months of life, it is recommended to avoid placing baby wedge pillows, cuddly toys or comforters in their beds because of the risk of suffocation and so-called "sudden infant death syndrome". Subsequently, if her pediatrician agrees, the child may have a baby wedge pillow. However, from an anatomical point of view, this object will have no use for its comfort before the age of 2 years, since its spine has not yet curves. At birth, it is still flexible, and it is as the motor development of the child develops that it will take
The Joint Commission was founded in 1951 with the goal to provided safer and better care to all. Since that day it has become acknowledged as the leader in developing the highest standards for quality and safety in the delivery of health care, and evaluating organization performance (The Joint Commission(a) [TJC], 2014). The Joint Commission continues to investigate ways to better patient care. In 2003 the first set of National Patient Safety Goals (NPSGs) went into effect. This list of goals was designed by a group of nurses, physicians, pharmacists, risk managers, clinical engineers, and other professionals with hands-on experience in addressing patient safety issues in a wide variety of healthcare settings (TJC(b), 2014). The NPSGs were created to address specific areas of concern in patient safety in all health care settings.
Regulations are entrenched in licensures and inspections of providers and organizations in order to provide the practice of safe medical care to its recipients and to hold providers responsible for their actions and performances. Regulatory standards improve the safety of consumers’ health and quality of care through regular yearly inspections performed by regulatory bodies to monitor and evaluate facilities and providers for occurrences of violations. Regulation compliance requirements in these areas are necessary to ensure that consumers are receiving safe and proper care to meet their healthcare needs in order to serve three purposes.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
The purpose of this research paper is that to present the difficulties Procter & Gamble faced in the early 1980¡¦s due to a correlation between the company¡¦s Rely tampon and the disease Toxic Shock Syndrome (TSS). Also, how the company handled the findings before and after new laws were passed by Congress giving the Food and Drug Administration (FDA) the authority to regulate medical devices, which included tampons. Thereafter, I will analyze the ethical issues relevant to this case within a SWOT analysis.
The purpose of this essay is analyze the case of IKEA, which has involved in the HR management. Meanwhile, choose two topics to identify the IKEA current situation, including training and development and cross-cultural management. From those two points, give some forward suggestions on the IKEA HR management practice.
To be honest, there is still much that needs to be learned about the security blanket and the role that it may play in the development of the child. Does it cause the child to be independent, or does it simply allow them to deal with a stressful situation better? That is yet to be determined, but one thing is certain, blankets and lovies are popular among children and that is not likely to change anytime soon.
Each category will be analyzed using IKEA student info website, IKEA group corporate website, resources from University of Phoenix library and articles from magazines. The key questions that the author will address are
One of the Huggies Diapers commercials recently seen on national television uses an unusual approach to convince the target market that Huggies are superior to all other diapers; these diapers are cutting-edge for their fashion and capacity to establish social dominance. The commercial implies in forty-three seconds that these diapers create exclusive and amazing living conditions for those fortunate children who wear them, particularly if the wearer is a male, white toddler. The marketing scheme utilizes the concepts of wealth and privilege as the requisites for determining not only diaper effectiveness but also present and perhaps future recognition, authority, social status, and success. The commercial suggests that children who wear these couture diapers are living in the lap of luxury: well-groomed and fashionably dressed, out on the town, acknowledged, capable, and secure, confident even with excrement in their pants. The absurd objective that these diapers claim to achieve does not offer credible evidence to diaper buyers to purchase these diapers for the purpose that diapers are intended.
The Consumer Product Safety Act states that any company that receives numerous complaints about a products defects must report these claims to the CPSA. According to the CPSA reporting responsibilities belong to manufacturers, importers, distributors and retailers of consumer products. Each is required to notify the Commission if it obtains information which reasonably supports the conclusion that a product fails to comply with a consumer product safety standard or banning regulation. Also if the product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury, or death to the consumer.
The website that has been chosen to be evaluated by me is IKEA’s website. IKEA website is actually one of the profit-making website. The website enables people to choose for their items and make a list before they make a real purchase at the real IKEA store. Basically, IKEA store is a store that provides home furnishing products such as sofas, beds, kitchen stuff, toiletries and some others. And even more, they had a showroom to inspire people to decorate their own house. So, in the website, there is also a preview of the showroom as it will helps for those that did not get a chance to go to the IKEA store.
Firstly, the history of IKEA International A/S is needed to be described. The company is based in Denmark. It is one of the world’s top retailers of furniture, home furnishings and housewares. The company designs its own items and their items are sold in more than 140 IKEA stores. The store is spread throughout approximately 30 different countries worldwide. IKEA distributes its thick catalogs once a year in the areas surrounding its store locations. Also, it peddles its merchandise through mail order. Additionally, the company offers high-quality items at low prices as their character. Then, the company buys items in bulk, ships and store items to save money for itself and its customers.
That is the reason that it is highly susceptible to a huge number of laws and regulations in order to ensure the health and safety of the consumers.