Product liability involves liability based on negligence, strict liability, or breach of warranty. Any party along the chain of manufacturing could be liable for damage caused by a product. The manufacturer, assembler, wholesaler, and/or retailer can all be held liable for defective products that cause harm to a consumer.
Product Liability Claims
As you have learned thus far, product liability claims are associated with negligence, strict liability, breach of warranty, and consumer protection claims. Product liability is an area of law related to the manufacturers, distributors, retailers, and suppliers who are involved with making products. A claim is based on actions involving design defect, manufacturing defect, and a failure to warn.
Ford Motor Company has been sued many times for various product liability issues, including defective seat belts, tires, door latch system and safety restraints, seating and safety restraints, defective fuel systems, and more.
Cocaine is an extremely addictive psychostimulant that in low to moderate doses produces euphoria and increases alertness, mental acuity, self-consciousness, talkativeness, and motor behavior. Moderate to high doses cause more intense confusion, agitation, paranoia, restlessness, tremors, and seizures. Chronic use of cocaine produces impulsive and repetitive behavior. High-dose cocaine use can cause cocaine-induced psychosis characterized by extreme agitation and anxiety; exaggerated compulsive motor behaviors; delusions of paranoia and persecution; visual, auditory and tactile hallucinations; loss of touch with reality; and permanent brain damage. Medical risks associated with cocaine use include increased risk of cerebral ischemia, intracranial bleeding, heart attack and heart complications due to cocaine’s vasoconstrictive properties, respiratory failure, strokes, seizures, and risks with snorting that include nasal lesions, perforations, bleeding, and infections.
This rule makes sense because of the attorney's fiduciary duty tohis/her client, as well as the attorney's continuing obligation tomaintain disclosures by the client in strict confidence.
Alcohol (ethanol) is a CNS depressant used throughout the world and history. In the United States, alcohol sales are an important part of the economy, with Americans spending over a hundred billion dollars annually on beer, wines, and distilled liquors. Based on alcohol sales in the Unites States, total ethanol consumption in 2004 was 377,002,000 gallons, including 4,368,000 gallons of ethanol and 97,065,000 gallons of beer (National Institute on Alcohol Abuse and Alcoholism, n.d.). Alcohol consumption in the United States costs in terms of increased risky behavior, injuries on the job, relational strain, and hospitalization. Chronic users develop vitamin deficiencies because alcohol is high in calories and not nutritious, and they are at risk for pancreatitis, chronic gastritis, gastric ulcers, stomach and intestinal cancers (alcohol is a gastric irritant), as well as death due to cirrhosis of the liver. Alcohol is involved in costly traffic-related injuries and fatalities. According to the National Highway Traffic Safety Administration, automobile crashes involving alcohol in 2000 cost the public almost $115 billion, with an estimated 513,000 people injured and 16,792 killed (Pacific Institute for Research and Evaluation, n.d.).
Strict liability is an interesting area of law. This chapter will explain the concept of liability, even when there is no proof of negligence. This is often applicable in product liability.
Topic: Product Liability Claims
Read Chapters 14 and 15 in your textbook, Mastering Torts: A Student’s Guide to the Law of Torts.
NO. This is a very strict policy (growlers and wine bottles are the only exception). Please bring your own plastic or aluminum cups if using a growler. We prefer wine bottles be poured into a non-breakable container before the tour. CANS are welcomed and preferred.
Where a Registration Certificate is issued as legal recognition of existence.Limited liability means that the liability of members is limited to the amount paid to acquire shares.
Judicial reluctance to alter the absolute nature of at-will employmenthas restricted the availability of judicial remedies forwrongful discharge in the USA,with the consequence that prudent employees will follow the three monkey rule(i.e., hear no evil, see no evil, speak no evil)in order to avoid termination of their employment.
Reducing these costs has the greatest opportunity to re-establish a borrower’s ability to repay their mortgage and distribute liabilities between all stakeholders – without undue burden on any party....
It would strengthen the analogy if professors took an oath thattheir fundamental duty was to teach their students in a rigorous wayand to do scholarly research without regard to who might be offended.
Tolerance is the need to take increasing doses of a drug in order to achieve the same effects as previously achieved with lower doses. Likewise, when the same dose of drug has less and less of an effect with repeated administrations, tolerance has occurred. A good example is the tolerance that some people have for the caffeine in coffee. A novice coffee drinker may feel the stimulatory effects of coffee after a single cup of coffee containing about 100 mg of caffeine. After drinking coffee daily for a few weeks, it may take two or three cups of caffeinated coffee to feel that same excitation. There are several types of tolerance including metabolic tolerance, cellular tolerance, and behavioral tolerance. Metabolic tolerance occurs when, with repeated administrations of the drug, the body produces more and more metabolic enzymes, thereby speeding up the rate of metabolism of that drug. Thus, one must take more and more drug with each administration to maintain the same concentration of drug in the body as during previous episodes. Cellular tolerance is down regulation (reduction in numbers) of the receptors in the brain or reduced sensitivity of those receptors to the drug because of the continuous or repetitive presence of the drug. The result is the need for more drug in order to get the same level of effect in the brain. Behavioral tolerance involves learning. Behavioral tolerance can be observed in the presence of conditioned drug-taking cues and be absent in novel environments or situations. The drug serves as the unconditioned stimulus (US) and the drug effect as an unconditioned response (UR). Drug administering paraphernalia (e.g., white uniform, syringe and needle, bong and roach clips) and a specific location (e.g., doctor’s office, nightclub, crack house) where the drug is administered can serve as conditioned stimuli (CSs) that, when paired with the drug (US), come to elicit conditioned responses (CRs) that are similar to the UR or opposite the UR (compensatory responses). For example, when Siegel (1975) gave rats morphine (US), they showed reduced sensitivity (UR analgesia) to heat applied to their paws, but with repetitive administrations of morphine in the presence of the same environmental cues (CS), the rats showed increased sensitivity (CR hyperalgesia) to those environmental cues.
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