...Running Head: Products Liability Assignment 4: Products Liability Name Law and Ethics in the Business Environment Professor February 17, 2013 Products Liability Johnson & Johnson Johnson & Johnson started out making surgical dressing for hospitals and then that progressed into what Johnson & Johnson is best known for is the Band-Aid brand band aid. They added tape to the dressing and the product was convenient for hospitals as well as mending cuts and scrapes that people get, targeting kids because they are accident prone. In later years Johnson & Johnson explored other opportunities mainly in the over-the-counter medicinal products. Over the years they have been subject to many lawsuits but the one this paper will focus on is the product liability lawsuit on the DePuy ASR hip implant. DePuy is a company that specializes in orthopedic products and was acquired by Johnson & Johnson in 1998. The metal on metal hip replacement DePuy ASR was approved by the FDA for use by surgeons on patients that were in need of a hip replacement in 2005. (Meier, 2010). The DePuy ASR hip replacement should have a life of at least 10 years. The device was being used on patients, soon after the DePuy dividion of Johnson & Johnson started receiving complaints of the device with the largest spike of complaints in 2009. (Meier, 2010). Many of the complaints resulted in the patient having to receive another hip replacement only a few years...
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...The Effect of Product Liability on Engineers Sam Heithoff Mechanical Systems Design 8-27-12 The objective of this paper is to show that while general law processes in America are wasteful and hinder people and companies, product liability is beneficial to engineers. Since the inception and revolution of product liability law, the engineering process has been affected. Through specific examples and firsthand accounts, it will be established that the relationship between product safety mandates and standard engineering practices is symbiotic. America is a sue-happy country. A sentiment uttered by many patriots and internationals alike, there are even organizations formed purely to stand against the American litigious nature. Although whether it is culture or simply the 1.2 million lawyers eager to prove themselves in court remains to be seen. While lawsuit abuse has harmed innumerous people worldwide, practical legal pursuits improve the security of general life in society. From an engineering standpoint, product liability suits fall under the latter category. While some companies state that product liability hinders innovation by funneling company resources away from engineers and other productive ventures, most cases show that product liability does not inhibit creativity [1]. Certainly there are frivolous suits in the realm of product liability just like any other aspect of the legal system, but engineers are protected from potentially ridiculous claims. With legal...
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...Wisconsin Product Liability Laws According to Find Law, a website dedicated to helping people find lawyers, “Defective or dangerous products are the cause of thousands of injuries every year in the U.S.” (Find Law, n.d.). If people are getting injured because of defective products, there must be some kind of legislation that protects consumers. Product liability laws are laws that were created so that people who are injured from a defective product can sue to recover damages. Keep in mind that a defective product does not simply mean that the product is broken. The Business Dictionary says that a defective product is “unfit for its intended use, dangerous or harmful for normal use, does not carry adequate instructions for its use, or is inherently dangerous due to defective design, assembly, or manufacture” (Business Dictionary, n.d.). If a product is dangerous to use, why would people still use it? Sometimes the danger that lurks within a product is not visible, and unfortunately it takes someone getting hurt before anyone notices that something is wrong with it. It is these types of products that product liability laws protect us from. So then, whose laws protect us? During this class, we have learned that federal laws are the highest laws of the land. That means that if a crime is committed, state courts must follow federal laws if there is a law in place for that particular crime. What are the federal laws when it comes to product liability? There are none. Product liability...
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...Product Recall and Associated Liability Professor Muse Business | 670 Legal environment Londone Williams February 4, 2014 Product liability has been a subject that can create issues within a business. There have been various businesses that have gone bankrupt as a result of product liability problems. It is important for a company to consider the risk and liabilities with great consequences. This paper will discuss the significance of product liability and the role retailers play. The product that will be discussed in this paper is the Lion Force boys Puffer coat. The Puffer Coat, was recalled February 4, 2014, the recall number is 14-100. The Puffer Coat was recalled due to hazardous strangulation of children. The Puffer Coat was made in China, and as with many other products, is imported into the United States. “They typical product liability case involves a defective product purchased by the plaintiff who was subsequently injured by the product” (Kluwer, 2007). The goal of the United States Consumer Safety Commission is to guard the public from irrational possibility to injuries connected with consumer products. The U.S. Consumer Safety Commission’s function is to observe corrective plans that are known as recalls. There are more than 300 recalls each year from different manufacturers and distributors. Some of the recalls that are made are done because the Consumer Safety Commission determines that a product is faulty. In some...
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...Products Liability Research Paper Select a company that has been the subject of a product liability lawsuit in the last ten (10) years. The Plaintiffs vs. Bayer Pharmaceuticals, the German manufacturer of the birth controls Yaz and Yasmin has landed themselves in hot water and is headed to the courts. Bayer Pharmaceuticals net worth is over a billion dollars and is still climbing. The use of the birth controls Yaz and Yasmin has sparked a lot of attention with claims of a number of dangerous side effects. This case has become very popular, with over 11,300 claims pending and the possibility of more to come, Bayer is expected to pay out about $110 Million in the Yaz case in an attempt to avoid being tried before a jury but that is only the beginning of a long list of active claims. The use of these birth controls are causing an increased number of blood clots in women as well as complications of blood disorders, problems of the heart, strokes, and in some cases even death. www.drugwatch.com the problem appears to be stemming from drospirenone (a progestin) that is found in the birth control pills. In the case of Shannon Landry of Louisiana she filed a complaint with the U.S. district Court for the Southern District of Illinois. In 2000 Landry began taking Yaz and continued until 2010, and shortly thereafter she began having severe side effects. She was later diagnosed with a gallbladder disease called biliary dyskinesia that resulted in surgery to have her gallbladder removed...
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...Product Liability and Legal Ramifications Christopher M. Branch MBA 5861 New Product Marketing 08/13/2013 Christopher Branch MBA 5861 Term 1A Dr. David Castle 08/13/2013 Product Liability and Legal Ramifications The next time you walk into a retail store like Wal-Mart, Target, Home Depot, Office Depot, Babies R’ Us/Toy R’ Us, you will see a board, typically in plain sight of the viewing public, with sheets of papers titled “Product Recall” or Safety Recall or something of the like. Recalled items run the gamut of consumers good and are generally recalled because of a safety or health concerns. The Food and Drug Administration regularly issues recalls or public safety notices for Medical Products, Pharmaceuticals, Tobacco, and contaminated food items. Product Liability is the responsibility of manufacturers, distributors and sellers, they are expected to act in the best interest of the public; to deliver a product free of defects which can harm an individual or persons; and to make good on that responsibility if their products are defective. These can include faulty auto brakes, contaminated baby food, exploding bottles of beer, flammable children's pajamas, or lack of label warnings. The key element in products liability law is that a person who suffers harm from a product need not prove negligence, since the negligence is "presumed" and the result is "strict liability" (absolute responsibility) on the seller, distributor and manufacturer. An injured person...
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...contract and towards tort in product liability cases desirable? Introduction The approach taken with product liability cases has shifted over time. The Sale of Goods Act (1893) was an act put in place to state the terms and conditions of the contracts for the buying and selling particular goods. This act was later reformed in 1979, which fundamentally followed the same rules; the buying and selling of good were regulated by contractual agreements between the buyer and the seller. However as time progressed the sale of goods and product liability is moving from contracts and more towards tort liability. Contracts are legal promises between the buyer and seller in which the buyer promises to pay for a product that the seller must promise adheres to the standard expected from the product. A breach of contract includes that the buyer does not pay the right amount, or the more likely breach that the product has a design or manufacture defect that causes injury to the buyer. Tort liability instead simply makes the manufacturer responsible for any ‘injuries’ that the product causes the consumer. The idea behind this was because the seller is simply the agent of the manufacturer who has no part in the production process of the good sold. In this essay we will explain why product liability is starting to shift from contracts to tort. We will also discuss how tort law has developed over time focusing on the negligence rule and strict liability. Product liability law has become a very...
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...Product Liability BUS:311 Instructor Samantha Hodapp November 28, 2011 Product Liability 1. Thesis a. As a consumer, you make product purchases on a consistent basis. Once you make your purchases, you are responsible for what happens to those purchases. However, the producers of these products are not completely free from accountability once their product is bought. This is where the term product liability comes into play. During this paper, I will explore the legal aspects of product liability and how it affects businesses. 2. What is product liability? b. According to our text, product liability is the accountability of a producer or seller for injury to buyers, users, and third parties. There are four elements that need to exist in order for the claimant to prove negligence by the manufactuer. These elements are duty, breach, proximate cause, and damages (Liuzzo & Bonnice, 2007). c. The bases for injury claims under product liability consists of product flaw, failure to warn, and design defect. These three characteristics generally become the foundation of claims filed against manufacturers (Liuzzo & Bonnice, 2007). 3. Who can be held liable for injuries caused by products? a. Manufacturers of products are not the only party that can be held liable for a product defect. Other parties that could be held liable include retailers, wholesalers, parts manufacturers, assembly workers, product endorsers, etc. Retailers are most subseptable...
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...Product Liability Management Victor Adejayan Dr. Dianne Barrs Strayer University LEG 500 September, 2012 Product liability is the responsibility of a manufacturer for injury or loss caused by its product (Dictionary.com). Product liability serves to protect the public but it is may turn out to be very expensive to organizations. Management has the duty of making sure that organizations’ resources, especially funds and reputation, do not suffer unnecessary attrition and damages through the implementation of effective, affordable product liability programs. It is important to have people in management that possess the skills such needed to solve liability issues in the legal arena, most importantly before they occur.The challenge of the manager is fulfilling his/hers responsibilities by generating profit in business while protecting the interests of otherstakeholders, such as, employees and customers. Though the savvy manager cannot stop people from having the intention and grievances to sue the organization, they can reduce the motive of prospective plaintiffs and in event of a lawsuit happens; effective product liability management mitigates the negative effects on the organization. Management has the duty of making sure the product liability policies and programs of the organization is clear, concise and precise so that the interpretation thereof cannot be turned to work against the organization. Most lawsuits that are directed at organizations arise...
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...Shalene Kolchek can sue Val Porter, a dealer who sells and sold the spa to Kolchek to recover Litisha’s injuries under the product liability for misrepresentation. She can also sue Great Lakes to recover Litisha’s injuries under the product liability based on negligence and strict product liability. Based on misrepresentation, Val Porter gave Kolchek the manufacturer’s paperwork intending to induce Kolchek reliance on the manufacturer’s paperwork resulting in reckless disregard for the facts of the spa defects. Val Porter failed to explain any foreseeable injuries the spa may have caused. Great Lakes Spa failed to exercise “due care” to make the spa safe, resulting in the injury of Litisha’s finger. Based on Negligence, “due care” must be used in designing the product, selecting the materials, using the appropriate production process, assembling and testing the product, placing adequate warnings to inform danger, inspect and test any purchased components used in the product. Under the Strict product Liability, Great Lakes Spa is liable for Litisha’s injuries for the following reasons. The spa was defective when sold by Val Porter, a dealer who sales spas. The spa is unreasonably dangerous due to its defective condition and was never substantially changed from the time the product was sold to the time the injury was sustained. The jet holes caused physical harm to Litisha when she stuck her finger inside the jet holes made by Great Lakes Spa. The foreseeable risks of harm...
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...1.0 Parties Responsible for a Defective Product after being sold. Anyone linked to the distribution of a product can be perceived as the responsible party. This includes manufacturers, wholesalers, retail outlets, and even someone in charge of assembling or installing the product. For strict liability to apply, the exchange of a product must occur somewhere in the professional supply chain. For example, someone who sells a product on the secondary market (e.g., garage sale) cannot be held accountable for product liability. 2.0 Defendants in Product Liability Cases Generally, the claimant in a product liability case should identify all parties in the product's chain of distribution that may have caused their injuries. The following outlines the parties involved in the chain of distribution that may be liable for a defective or faulty product. In some cases, there may be more than one potential defendant in each category. 2.1 Manufacturer (engineer) Manufacturing takes place at the beginning of a product's chain of distribution. The manufacturer of a faulty product may range from a large, multinational corporation to a person working out of a garage. When a defective product is part of a larger item, the injured consumer may have a claim against both the manufacturer of the faulty part and the maker of the product itself. For instance, if a consumer was injured in a motor vehicle containing an exploding battery, they could potentially file a claim against the automaker...
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...attempts of taking action against manufacturers in regards to liability in negligence was challenging especially for the consumer as all rights were reserved to the customer or purchaser of products. This predicament sparked an increase of attentiveness toward product liability and lead to the implementation of the ‘Directive on Product Liability 1985’ and crucial alterations were made to UK consumer law. ‘Strict liability’ was imposed on the part of manufacturers. This gave rise to additional liability for manufacturers created through CPA in the event that a defect in a product causes damage(s); injury or loss. This is shown in Part 1 of the CPA where the system of strict liability is introduced for defective products to which cause harm. The key liability requirements under CPA and the European directive is that (i) claimant has suffered damages, (ii) product in question is defective and (iii) harm must be caused by a defect in the product providing that these requirements are met proof of negligence is not applicable on part of the claimant and the producer or manufacturer of the product is in every respect liable for any form of harm caused. Defences that can be used against claims under CPA include; ‘development risk’, ‘contributory negligence’, ‘Volenti non fit injuria’ and ‘Ex turpi causa’. The impracticalities of CPA are that a defected product must have caused harm as a requirement for a claim. If a product is defective in terms of not fulfilling its expected use...
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...entertainment and shopping complex. The company has recently encountered problems in their stores. You as their legal advisor, have been consulted on a range of issues. Draft a report to the board of directors explaining the law in each of the following situations and advise accordingly. Your Report should make reference to legal authority. -------------------------------------------------------------------------------------------------------- Discuss the following: Chuck bought a new heater from City Mall Plc to heat his son’s bedroom. The heater was manufactured by Careless Plc. The heater wiring was defective and the defect caused a fire at chuck’s home, in the course of which, Chuck’s son was injured. Advise City Mall of their potential liability as well as that of Careless Plc. -------------------------------------------------------------------------------------------------------- Kris, a salesman from City Mall, called on Dolly. She invited him into her house to enquire about the latest designer bathroom suite. After several cups of tea Kris showed no signs of leaving the premises and, in order to get rid of him, Dolly signed an agreement for a new bathroom suite for £1500. In addition to this, Tammy, her daughter, who is 21 years of age, returned from City Mall stating that she had signed a credit sell agreement for a new TV and Blu Ray DVD Recorder for her...
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...Legal Focus Kudler Fine Foods is a specialty food store created by Kathy Kudler (Apollo Group Inc., 2013). After reviewing Kudler Fine Foods’ information, it has been determined that their legal procedures are severely lacking in preparation for legal action. The thought process behind the current legal plan is to be reactive which only helps after an issue has occurred. The information systems team is formulating a plan to update policies and procedures as well as best practices to be both proactive and reactive when it comes to possible litigation against Kudler Fine Foods. Current Legal Plan As it stands, Kathy Kudler is the only person who is to talk to Kudler Fine Foods’ legal counsel, Anne Shousha. Shousha’s view on going to court is that it is like throwing dice, therefore she recommends settlements instead (Apollo Group Inc., 2013). There is a chain of events to follow within the stores for regular incidents that occur such as slips and falls. This chain begins with employees notifying store managers of the incident. At that point, the store manager determines whether or not Kathy Kudler should be notified of the event. Following Kathy’s notification, she determines whether or not the store’s legal counsel should be notified (Apollo Group Inc., 2013). Based on the current system, the legal counsel would then recommend to Kathy that she settles with the customer rather than go to court. This approach is a very poor way of protecting a business. The goal for Kudler...
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...trespass to land if he: Answer: refuses to leave when Joy asks him to 6. Disparagement of property is another term for appropriation. Answer: False 7. An individual’s right to privacy includes the exclusive use of his or her likeness. Answer: True 8. The purpose of tort law is to provide remedies when legally protected interests have been invaded. Answer: True 9. Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability. Answer: False 10. An unauthorized scan of a bank account can be an invasion of privacy. Answer: True 11. Rhiana is shopping in Seth’s Food Store when a bottle of Truly Bubbly Cola explodes, injuring her. Rhiana files a suit against Truly Bubbly, from whom she can recover only if she can show that she: Answer: was injured due to a defect in the product 12. Green Glass Corporation makes glass bottles for food and beverage makers to package their products for wholesale...
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