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Product liability is an area of law in which any organization that either makes products (manufacturers) or distributes to the public (makes available) may be held responsible for potential injuries that may be caused by those products. In the United States, claims for product liability are usually associated with some type of negligence, breach of warranty, or other consumer protection issues. However, the large majority of product liability laws vary considerably because they are determined from state to state. This, of course, makes it problematical to litigate across state boundaries, as well as ensure that manufacturing requirements are met more universally (Golden, 2000).
Case -- Jennings v. Baxter Healthcare Corporation. 331 Oregon 285.14.P.3d596 (2000)
In 1978, Plaintiff received silicone breast implants following a mastectomy. Both implants partially deflated: the first in 1980 (and was replaced), the second in 1992. In 1993, Plaintiff had the implants removed, and it was discovered that one implant had ruptured.
In...
The defendants maintained that there was insufficient evidence that any injury was caused by their product, and the plaintiff's personal situation was the result of fibromyalgia.
Appearing for the Plaintiff was Dr. Grimm, a Board Certified Neurologist with an advanced degree in neurophysiology. Defense did not question his qualifications in general, but did challenge his ability to apply causation in this case, resulting in a hearing. During extensive questioning, the Judge decided that Dr. Grimm could indicate that he found causality from a medical probability side, that silicone may cause some other physical issues. Dr. Grimm could not, however, say that there was a specific disease that was conclusively proven to be silicone related to a large statistical probability.
The Jury eventually returned a victory for the defendants, and the Plaintiff appealed based on the Court's ruling that…
WORKS CITED or CONSULTED
Baldwin, P., et.al., eds. (2009). Product Liability Case Digest, 2009-10. Frederick, MD:
Aspen Publishers., Page 323.
Golden, R.L. (2000). Product Liability Prevention: A Strategic Guide. Milwaukee, WI:
ASQ Quality Press.
NAPIL. (2000). Jennings v. Baxter Healthcare Corporation. Retrieved from Napil.com, http://www.napil.com/PersonalInjuryCaseLawDetail23797/Page1.htm
Product Liability Yamaha Motor Group is a multinational corporation that manufactures motorcycles, all-terrain sport vehicles, watercraft products, as well as other product lines (Yamaha). The Rhino 660 and the Rhino 450 are two of the all-terrain sport vehicles they manufacture. In 2007, Yamaha Motor Group had over 100 cases of product liability suits against them where the seat belt restraint systems did not work properly, there were no doors or window
Mitsubishi should also be transparent about any defect error that comes in their product. In this way, they would be able to avoid the gigantic loss, which occurs in case a company's product line fails, or a company faces lawsuits in case of a defective product. Conclusion Organizations have the ultimate responsibility to make sure that the product they manufacture is free from any fault. Products manufactured should be free from risks.
Product Liability: Warranties and Torts Facts: Maria Gonzalez rented an apartment from Maria Garcia. Garcia installed a Morflo water heater, which was kept in an area inaccessible by tenants. The water heater and its manual contained extensive warnings indicating that burns could occur if the water was above 120 degrees. Gonzalez's 15-month-old child Angel was scalded while being bathed by his 15-year-old brother, in a manner contra-indicated by the warnings
BK Product Liability Product liability is a complicated and expansive sect of law and society. The role of the consumer is very important in the economic processes and political organization of our environment. As a result of this influence, product liability laws are continually evolving and reaching out into new areas of commerce. The purpose of this essay is to examine the product liability law case of Byslma v. Burger King Corporation.
trade libel is fair to business owners. Argue both sides of the issue. From the general public's viewpoint, the definition of trade liable is accurate. This is because the store detained someone they accused of shoplifting. To determine where the stolen item was hiding; they effectively conducted a strip search by revealing private areas. At one point, Cockrell (the plaintiff) had to remove a bandage that was use to cover
Product Recalls and How it Affects the Company Product Recalls Traceability Industry effected Healthcare Recalls Food Industry Recalls Instances of Product recalls Effects on the Company Financial Loss Loss of reputation Legal and regulatory issues Handling of Product Recalls Treatment of Recalled Products Communications Strategy Product recalls are one of the sensitive business areas in the operation of any organization. The businesses tend to recall its products due to various reasons including minimizing the risk of injury for consumers, the compliance requirements in legal