Respond to each classmate 100 words a piece.
The question they had to answer. (Identify and discuss the various forms of product liability. What aresome ways that a business can ward against product liability claims?)
Three forms of product liability are defective design, dangers of use lack of disclosure of warnings, and errors in manufacturing, handling, and packaging (Jennings, 2017, p. 484).
A product with a faulty design heightens the risk of consumer injuries. In 2010, Toyota announced a recall of more than 5 million vehicles. These vehicles had been identified as having a potential pedal entrapment problem that caused many of their vehicles to accelerate out of control (Choi & Lee, 2018). As a result, Toyota minimized design defect lawsuits by taking ownership and correcting the problem of the sticky pedal and badly designed floor mats.
A manufacturer has a duty to safeguard and warn consumers of unforeseeable dangers regarding the product that they purchase (Jennings, 2017, p. 484). Most tobacco companies struggled initially with the issue of the lung cancer warning on their tobacco products. However, according to King David, the consumer should also learn to take heed to the many warnings. King David writes, “Hear me, my people, and I will warn you–if you would only listen to me, Israel”, (Psalm 81:8, New International Version). As indicated in the case of Smith v Coleman Co. 71 UCC Rep.Serv.2d 131, 2010, the consumer did not heed the warning on the proper use of the boat (Jennings, 2017, p. 486).
Errors in manufacturing handling and packaging have proven to be one of the hardest forms of negligence to prove. This is primarily because of the many product handlers that are involved in the delivery of the product to the consumer (i.e., did the medicine stay at the right temperature, was the product tampered with, etc.). Therefore, businesses have to make sure that as a part of their product specification the packaging requirements are costed and included in the final good being delivered or picked up by the customer.
According to our textbook, there are three major forms of product liability. In Unit 4 Discussion 1, we discussed these areas of product liability and the defenses of product liability. The forms of product liability are listed below:
- Design defect: According to design defect, the company will be held liable if a product breaks or causes damage. This could be caused by the design of the product has defects. These defects can cause safety issues or damage when using the product.
- Manufacturing defect: A company can be held liable if manufacturing defects occur, as well. Manufacturing defects can include damage done to a product during shipping and handling. It is the company’s job to make sure a product is packed securely before shipping it out.
- Marketing defect: Marketing defects typically come into play when a company is aware that a product may not be or do all that it is described to be and do. The company can be held liable for lying about the product to enhance it so more people will be likely to buy it.
If businesses want to avoid liability claims against their products, there are some extra measure they can take to ensure that their product is what they claim. One of the easiest ways to avoid liability claims is product testing. “This can help you to identify potential defects and problems with the manufacture and design process and uses that can potentially put your company at risk,” (2016). Businesses should also consider purchasing a product liability insurance and have legal counsel if necessary. Businesses can also make sure their suppliers are good sources.