Product Liability : Example Case

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Product Liability:

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. The claims that most commonly associated with prodcut liability is negligence, strict liablity, breach of warranty, and various other consumer claims. Each type of product liability claim requires different elements to be proven to present a successful claim. A products liability claim is usually based on one or more of the following causes of action: •design defect,

manufacturing defect,
a failure to warn
A manufacture is liable to a consumer in tort even though there is a no contract between them, if fault can be established. Similarly, a manufacture is also liable for all the component parts from outside suppliers included in its product.


Mr Z was walking past a road construction site. When he was walking across the site, he was asked by the construction firm to wear special boots. These boots were made by the company themselves. Mr Z accepted to wear boots and they were provided by the construction firm. However, while he was walking, his leg slipped and he suddenly loose traction and fall to the ground. He was unable to stand up and someone from nearby area came for his assistance and calls 911.While Mr Z is on the ground he look around and notice that there is a tremendous amount of gravel, rocks and sand in the area where he was walking that appears to have gathered as a result of the construction. Mr Z also noticed that there are no signs in the area warning him of the dangerous conditions and asking him to use caution or to use the other side of the road.

The ambulance arrives and takes Mr Z to the hospital. At the hospital, he discovers that he has fractured his ankle in three places and that he will require surgery and will be in a cast for 6 - 8 weeks. The doctor also tells you that you should...
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