DISCUSSION POST MUST BE 10+ SENTENCES AND THE PEER REVIEW MUST BE 7+ SENTENCES PLEASE USE YOUR OWN WORDS AND DO NOT COPY FROM OTHER SITES STAY ON TOPIC ,BE POSITIVE , AND DO NOT COMMENT ON GRAMMAR ERRORS. TALK DIRECTLY TO CLASSMATES IN PEER REVIEWS!!!1) DISCUSSION QUESTIONNegligence
and Product Liability are two of our main topics for this week.
Negligence is an “unintentional tort” because it happens by accident.
Product Liability arises when one is injured by a defective product.Consider the scenarios below. Choose one
and determine if it describes negligence or product liability. Explain
your answer and be sure to discuss the elements of any claims that may
arise.
Daisy is driving in her car when her phone chimes. She picks up her
phone and sees a text from her friend. While responding to the text
Daisy runs a red light and causes an accident.
Janet just moved from Florida to Minnesota and is enjoying the
scenery of a beautiful snowfall when she sees a person slip and fall on
the ice on sidewalk in front of her house.
Larry is a lumberjack. He decides to purchase a new chainsaw.
The first time Larry uses the chainsaw the product malfunctions and
Larry is injured. 2) PEER REVIEW #1 (CHRISTINA)Im going to use the scenario with Daisy driving the car. This is negligence, there is not product default. Texting while driving is against the law. She took her eyes off the road to look at her phone causing an accident. If anything was to happen to the person in the car such as death she can be charged with a felony or even murder charges depending on the state. For SC, I know you will have to pay a fine. This can also be considered reckless endangerment.3) PEER REVIEW #2 (TANYA)The
topic I choose to discuss is the lumberjack who purchase a new chainsaw
and the product malfunctions and cause Larry to get injured. The
situation is considered a product liability. Larry is an expertise
lumberjack and not a mediocre lumberjack. He knows what he is doing when
it comes to using a chainsaw to perform a job. Even though there is a
safety warning sticker on the package to safely warn people of the
dangers of using a chainsaw Larry can still pursue a case to sue the
manufacturer. The product does not have to be safe. The negligent
malfunction causes the chainsaw to injure Larry while using the
machinery. The manufacturer is negligent because Larry bought the
product thinking it was design effectively to work correctly. The
manufacturer is negligent because they did not inspect the chainsaw
before it is shipped to the distribution stores for customers to
purchase. The manufacturer is liable because the chainsaw was in a
defective condition when the product was shipped to the distribution
stores. Also, this is a case of strict liability to the manufacturer
because the product was defective and it has caused harm to the injured
party. Once Larry purse his case the manufacturer must have all
distribution stores to pull all the products off the floor so customers
cannot purchase the product and broadcast the dangers of using the
chainsaw on all television news stations. If the distributions stores do
not pull the product off the floor and they knew about the defective
chainsaw, it would be a strict liability of the distribution store(s),
which is a failure to pull the product off the shelves. If the product
is not taken down in a reasonable about of time and a customer purchase
the product and get hurt, he can sue the distribution store and will try
to sue the manufacturer as well for negligence.