Business
WedgeCorp manufactures golf clubs. The clubs have rubberized grips that golfers hold onto to swing them. Neil bought his wife a set of clubs for her birthday. Cindy, Neil’s wife, is an avid golfer and uses the clubs frequently at the local golf course. When WedgeCorp manufactured the clubs, they used improperly mixed glue that did not tightly bond the grips to the end of the clubs. Seven months after acquiring the clubs, Cindy went golfing with her friend, Kate. While Cindy was swinging a five iron, the grip came loose and the club sailed through the air, striking Cindy’s golfing partner, Kate, in the forehead.
According to the text; Torts and Personal Injury Law (Okrent, 2009); absolute (strict) liability holds a tortfeasor responsible for his or her behavior regardless of fault. Some people feel that it is unfair to hold a defendant accountable especially if he or she did not behave intentionally. “That is why absolute liability is restricted in certain types of activities, such as abnormally dangerous task and defectively dangerous products, where the risk involved substantially outweighs the benefits” (Okrent, 2009). Product liability is any form of liability arising out of the use of a defective product. A plaintiff can bring three different causes of actions depending on the facts: strict tort liability, negligence, or breach of warranty.” Under products liability, the manufacturer or the seller of a product is absolutely liable for a defective product that has caused an injury (Okrent, 2009).
Cindy was an avid player and used the clubs frequently at the golf course, but seven months after having the clubs, the grip came loose, the club went flying in the air, hitting Cindy’s friend Kate in the forehead. Cindy was not behaving intentionally when her friend Kate was hit in the forehead, and she used the clubs properly as she always had. Also it was reasonably foreseeable that she would use the golf clubs, being an avid golfer. Therefore; she is a
According to the text; Torts and Personal Injury Law (Okrent, 2009); absolute (strict) liability holds a tortfeasor responsible for his or her behavior regardless of fault. Some people feel that it is unfair to hold a defendant accountable especially if he or she did not behave intentionally. “That is why absolute liability is restricted in certain types of activities, such as abnormally dangerous task and defectively dangerous products, where the risk involved substantially outweighs the benefits” (Okrent, 2009). Product liability is any form of liability arising out of the use of a defective product. A plaintiff can bring three different causes of actions depending on the facts: strict tort liability, negligence, or breach of warranty.” Under products liability, the manufacturer or the seller of a product is absolutely liable for a defective product that has caused an injury (Okrent, 2009).
Cindy was an avid player and used the clubs frequently at the golf course, but seven months after having the clubs, the grip came loose, the club went flying in the air, hitting Cindy’s friend Kate in the forehead. Cindy was not behaving intentionally when her friend Kate was hit in the forehead, and she used the clubs properly as she always had. Also it was reasonably foreseeable that she would use the golf clubs, being an avid golfer. Therefore; she is a
References: Okrent, Kathy J. (2009). Tort and Personal Injury Law. Fourth Edition: Cengage Learning Inc.