In my personal opinion, I do not think that Woods can sue the convenience store because under the “theory of strict liability one who sells any product in a defective condition that is unreasonably dangerous to the user is liable for resulting physical harm to the ultimate user of the product” (Gordon & Rees LLP, p. 17); but since the product was used over and over again it could not have been a deliberate known defective item. Maybe if it had broken after the first use but Wood and Goldfish used it again and again. I don’t think that Wood should or could name the convenience store in any part of the lawsuit. The store accepted the product on good faith from the peanut supplier. Now the peanut manufacturer did purchase the jars to place their peanuts in and in reality something during the filling of these jars could have accidently happened to cause the jar to break overtime but again the issue still is that it did not happen after the first use. Regardless of whether Wood chooses to sue the peanut manufacture or the manufacture of the jar I think a lawsuit claiming negligence will just look like an attempt to try to ensure a judgment in his favor and may or may not work. Since I am assuming that this is the only jar that broke causing injury this was not a mass malfunction on a manufacturer. With negligence; Woods will need to prove that the defendant did not act with reasonable care. Now if he decides to sue the peanut manufacturer he will need to prove that they did not use reasonable care in filling the jar with the peanuts. If the defendant is the jar manufacturer, Woods will need to prove that they did not use reasonable care in making or possibly packing the jars. When trying to recover damages under a theory of negligence, Woods will need to prove that the manufacturer owed him a duty and then prove that the manufacturer did not provide their duty. He may very well be able to prove both but then proving that the manufacturer was a fault for the actual injury and that a negligent act was committed and the suffering was caused by said negligence will be harder. The fact still remains that the jar broke after the lid was pushed down after several uses and there is no proof that Wood did not use too much pressure and cause the jar to break or that the jar was not cracked by
upon breach of an implied warranty of merchantability under U.C.C. § 2-314 against ClogCo? (i.e., thoroughly discuss ClogCo's potential liability under U.C.C. § 2-314 for Child's injuries by considering each element of Buyer's alleged cause of action, as well as any other appropriate arguments or defenses that might be asserted by either party). Product Liability Module 4 Essay Whether a minor Child (age 10 years) can assert a claim based upon breach of an implied warranty…
Product Liability Video LAW 531 September 5, 2012 Product Liability Video In the product liability video, there are many lessons for a potential new business owner. The video demonstrates the many shortfalls and potential law-suits that could follow if proper steps are not taken to protect the business and the employees of the business, from misunderstanding or intentional wrongdoing. Tony Harb, a renowned consultant, created a seven-step process to conduct internal…
Injury Law Blog Posted at 9:57 PM on February 28, 2008 by LaBovick Law Mitsubishi product liability case receives $11 million verdict A West Palm Beach Jury awarded a couple $11 million in a Product Liability suit. The case involved the death of the couple's 25 year old son in a 2004 rollover crash. According to the Plaintiffs the death was caused by a defective seat belt and front passenger seat of a Mitsubishi Sport Vehicle involved in the fatal rollover. The Counsel for the Plaintiff argued…
Chapter 13 Strict Liability and Product Liability N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. The extreme risk of an activity is a defense against imposing strict liability. ANSWER: F PAGES: Section 1 TYPE: = BUSPROG: Reflective AICPA: BB-Legal…
against Hale, the driver, and Ford because the company failed to test the seat-belt sleeve, even though he did not "seriously pursue the claim against Hale" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). The case against Ford was based on "two product liability claims: one for not testing the seat belt and the other a design defect claim related to the vehicles tendency to rollover" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). Branham alleged in his case that "Ford was negligent and strictly liable…
Limited Liability Company (LLC). Personal Liability A sole proprietor is the simplest form of business organization, no formal action is necessary in forming a sole proprietorship. The disadvantage is that a sole proprietor has no limits on liability for business debts; thus if the business does not fare well, the sole proprietor can face personal bankruptcy (Rogers, 2012). An area of responsibility regarding liability that could affect Acme Fireworks is product liability. Products liability is the…
Chapter 6 – Product Liability Product Liability – liability of manufacturers, sellers, lessors and others for injuries caused by defective products (compensative damages) Strict Liability – may recover punitive damages if defendant’s conduct has been reckless or intentional. Negligence – Only party who was actually negligent is liable to the plaintiff Failure to exercise duty of care: Failure to assemble carefully Negligent product design Inspections of testing Packaging Failure…
Company Description, Product/Service Plan , Marketing Plan, Operations and Development Plan , Management Team, Critical Risks, Financial Plan, Appendix of Supporting Documents and could include assumptions underlying the project and Résumés of the management team. Ch. 7 Small business Marketing = business activities that direct the creation, development, and delivery of a bundle of satisfaction from the creator to the targeted user and that satisfy the targeted user. Core product/service = fundamental…
heater model and what price point the market is willing to bear to prevent injury. Also, CSH should decide how to prepare for future federal safety standards when making current safety decisions. Finally, we provide recommendations for CSH to limit liability by adding the most impactful safety features and recommend sharing the burden of social efficiency with the consumer. Issue CSH has determined the market size of their least expensive heater model: “at a price of $88 sales could reach 2 million…
Sustainable competitive advantage: doing something better than your competitors and continuing to do so time and time again. Be able to differentiate between a product and a service. Product: A good or service with tangible and intangible characteristics that provide satisfaction and benefits (Buying a new car battery, that’s a product) Service: A service is an action performed by someone else (labor). (Installation of that battery is a service) Who are a company’s stakeholders? Be able to list…