BUS670 Week 2 Assignment - Running Head NEGLIGENT TORT 1...

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Running Head: NEGLIGENT TORT 1Recall Case Study for Negligent TortYour Name HereBUS670: Legal EnvironmentInstructor: Timory NaplesAugust 3, 2015
NEGLIGENT TORT 2Recall Case Study for Negligent TortWhen purchasing a product for use a consumer has the reasonable expectation that it is going to be safe if used in the manner intended. This is not always the case, and when products are deemed unsafe to consumers they are subject to recall. The U.S. Consumer Product Safety Commission (CPSC) is the agency “charged with protecting the public from unreasonable risks of injury or death associated with the use of thousands of types of consumer products under the agency’s jurisdiction” (Seaquist, 2012, p. 131). Although the U.S. CPSC is charged with the protection of consumers, it is not always going to prevent consumers from being harmed throughthe negligence of manufacturers. When injury or death occurs from product liability or negligence, consumers can seek redress from the manufacturer through negligent tort lawsuits. In this essay, a negligent tort lawsuit will be analyzed using a product, if not recalled by U.S. CPSC, could have resulted in injury or death to consumers through product liability or negligence. This analysis will include examination of the four elements of negligence that must be proven for a successful negligent tort lawsuit in relation to the chosen product. Additionally, actual injury and defenses to negligence in relation to the chosen product will be examined. Finally, a relevant consumer protection statute will be analyzed and applied in relation to the chosen product. Product Recall BackgroundThe information for the recalled product was retrieved from the U.S. CSPC website. The website contains useful information about recalls as well as links to regulations, laws and standards governing product safety. The recalled product chosen for this analysis is the Acorn Superglide 120 motorized stair lift. The recalled stair lifts “are mechanical chairs that are installed on residential staircases to transport people with reduced mobility up and down stairs”
NEGLIGENT TORT 3(Anonymous, 2015, Para. 5). The stair lifts were recalled because the seat post can separate fromthe main seat support resulting in a falling hazard (Anonymous, 2015). There have been no reports of death or injury in the U.S. due to the seat post separating from the main seat support, but two deaths have been reported in the United Kingdom from this product defect (Anonymous,2015).Duty of CareThe duty of care can be defined as the expected standard of behavior of a person in a particular situation (Seaquist, 2012). The duty of care concept can find its roots in Francis Buller’s 1768 Nisi priuswhich contends that “every man ought to take reasonable care that he does not injure his neighbor, therefore, wherever man receives hurt through the default of another. . . the law gives him an action to recover for the injury so sustained” (Nash, 2014, Para. 2).

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