Strict Liability Case Study
Strict Liability
Amanda Self
BA265 Business Law II
Abstract
While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan, an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product, Eagle Tools Inc. Under strict liability, the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers the courts will award Bob his claim.
Strict Liability
Bob was shopping at Carl’s Hardware Store when he was injured in the leg with a nail gun that was being used by Dan, an employee. When Bob examined the nail gun, he noticed that it was assembled improperly. He then Sued Eagle Tools Inc. for strict liability, Bob has a claim against the company for the manufacturing of the nail gun since they are liable to be sure that all products that they sell are in working and safe conditions. …show more content…
(Bygrave, W.D. & Zacharakis, A. 2014). This carries through companies who design a products or services for others. In order to have a claim against a company you would need to make sure that certain requirements are there. These are: 1. the defendant needs to sell a defective product rather than the product becoming defective after the sell. 2. The defendant has to be engaged in selling that product. 3. In most states the product has to be dangerous due to the defective condition. 4. The plaintiff has to have physical harm to property or to self by the use of the product. 5. The cause of the harm must be the result of the defective condition. 6. The goods could not have been changed from the time the product was sold to the time that the injury
Amanda Self
BA265 Business Law II
Abstract
While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan, an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product, Eagle Tools Inc. Under strict liability, the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers the courts will award Bob his claim.
Strict Liability
Bob was shopping at Carl’s Hardware Store when he was injured in the leg with a nail gun that was being used by Dan, an employee. When Bob examined the nail gun, he noticed that it was assembled improperly. He then Sued Eagle Tools Inc. for strict liability, Bob has a claim against the company for the manufacturing of the nail gun since they are liable to be sure that all products that they sell are in working and safe conditions. …show more content…
(Bygrave, W.D. & Zacharakis, A. 2014). This carries through companies who design a products or services for others. In order to have a claim against a company you would need to make sure that certain requirements are there. These are: 1. the defendant needs to sell a defective product rather than the product becoming defective after the sell. 2. The defendant has to be engaged in selling that product. 3. In most states the product has to be dangerous due to the defective condition. 4. The plaintiff has to have physical harm to property or to self by the use of the product. 5. The cause of the harm must be the result of the defective condition. 6. The goods could not have been changed from the time the product was sold to the time that the injury