Negligent Tort: Case Study
Negligent Tort
Deaundra Chatman
BUS670: Legal Environment (MFH1446A) Instructor: Leah Westerman
Date: January 15, 2015
Negligent Tort
Manufacturing industries are in the business of making products for the consumer industry, products that supposed to be sustainable and have the potential to improve the lives of the people using them. In most cases, they get it right; they make a product that does not have any problems when it comes to using it. However, in some situations, there happens to be difficulties in these products, and they have to be recalled back to the industry for rectification. The duty of protecting the consumer is usually carried out by the United States Consumer Product Safety Commission. This paper seeks …show more content…
This is because the tank was developed without the room for these errors; however, the manufacturing process had errors that have accrued all these dangerous factors posed to the users. On the other hand, the users are not the ones causing the problem because there are a lot of cases being reported regarding the same. If the number of incidents was only specific to a class of people then, it would have been a result to the users utilizing the tanks in an improper manner.
Duty of care – in the event that these products caused harm to users, this is the initial factor that would be assessed by the regulators. According to the law of tort, the manufacturer has a legal responsibility that requires them to afford consumers standard of reasonable care while they are producing products for the mass consumption/utilization. In this case, the manufacturer did not carry out enough research to test all the possible defects that could accrue to the product and pose a risk to the user. Which in this case include fire hazard and the possibility of …show more content…
It can be perceived that the world of business does not have room for sentiments. However, in regard of the human aspect that is in everyone; producers and the same standards of care calls for a level of prudence and caution of the entity that is under duty of care. In this event, the standard of care is to be facilitated by the manufacturing company to the consumers (Hedley, 2006). In the event that it was not regarded, they became liable and in some events face prosecution.
Breach of the duty of care – in the event that the manufacturer was negligent and the tank less water heaters caused harm to the consumer. The law would assess the above factors in relation to how the tanks were manufactured. If the breach duty of care is not adhered to, the manufacturing company is fined millions of dollars and made to recall products that they had earlier released for distribution. In some events, they are also made to pay the consumers who had purchased them earlier
Deaundra Chatman
BUS670: Legal Environment (MFH1446A) Instructor: Leah Westerman
Date: January 15, 2015
Negligent Tort
Manufacturing industries are in the business of making products for the consumer industry, products that supposed to be sustainable and have the potential to improve the lives of the people using them. In most cases, they get it right; they make a product that does not have any problems when it comes to using it. However, in some situations, there happens to be difficulties in these products, and they have to be recalled back to the industry for rectification. The duty of protecting the consumer is usually carried out by the United States Consumer Product Safety Commission. This paper seeks …show more content…
This is because the tank was developed without the room for these errors; however, the manufacturing process had errors that have accrued all these dangerous factors posed to the users. On the other hand, the users are not the ones causing the problem because there are a lot of cases being reported regarding the same. If the number of incidents was only specific to a class of people then, it would have been a result to the users utilizing the tanks in an improper manner.
Duty of care – in the event that these products caused harm to users, this is the initial factor that would be assessed by the regulators. According to the law of tort, the manufacturer has a legal responsibility that requires them to afford consumers standard of reasonable care while they are producing products for the mass consumption/utilization. In this case, the manufacturer did not carry out enough research to test all the possible defects that could accrue to the product and pose a risk to the user. Which in this case include fire hazard and the possibility of …show more content…
It can be perceived that the world of business does not have room for sentiments. However, in regard of the human aspect that is in everyone; producers and the same standards of care calls for a level of prudence and caution of the entity that is under duty of care. In this event, the standard of care is to be facilitated by the manufacturing company to the consumers (Hedley, 2006). In the event that it was not regarded, they became liable and in some events face prosecution.
Breach of the duty of care – in the event that the manufacturer was negligent and the tank less water heaters caused harm to the consumer. The law would assess the above factors in relation to how the tanks were manufactured. If the breach duty of care is not adhered to, the manufacturing company is fined millions of dollars and made to recall products that they had earlier released for distribution. In some events, they are also made to pay the consumers who had purchased them earlier