Unintentional Argument Of Negligence

In the United States, negligence is one of the biggest reasons why companies fail. Given that consumers usually make purchases to satisfy a need; they are not expecting to suffer injuries while using a product. Although product recalls happen every day due to product defects and safety issues, generally, when consumers make purchases and a product does not perform as advertised, and without causing injury, often times it can be returned for an exchange or refund. More so, when businesses fail to recall a product that can become a nightmare-- realizing your product caused injury or even death to a consumer is devastating to rationalize. Consequently, when a company presents its products to consumers, and that product causes harm or injury, the company is liable for that product with such liability referred to as an unintentional tort of
In view of that, this paper shall focus on the unintentional action on negligence for the recalled product Cradle ‘n Swings by Fisher-Price and discuss (a) Duty of Care, (b) Standard of Care, (c) Breach of the Duty of Care, (d) Actual Causation, (e) Proximate Causation, (f) Actual Injury, and (g) Defenses to Negligence as they relate to the recalled