Chapter 6 Assignment

Chapter 6 Assignment - I’m going to pull out the...

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Kathleen Basurto 4/19/2016 Business Law-2211-NET04 Instructor – Susan Horn Case 6.3 – Design Defect Question 1: Is Nissan strictly liable for failing to design a seatbelt restraint system to protect heavier persons in vehicle collisions? Nissan should be held strictly liable due to a defect in design. When the courts review the case and apply the risk-utility analysis, they will find that the seat belt restraint system is in fact not designed for heavier people. With that being said, and with the greater population of Americans considered to be obese, it is likely that these types of injuries will occur in the foreseeable future. Nissan, at the very least should try to account for the vast majority of consumers, like myself, who are overweight. There are any number of reasons that a person weighs more than 171 pounds and should not be painted as at fault due to excess weight. Quite frankly, I own two Nissans, an Altima and a Murano. After reading about this,
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Unformatted text preview: I’m going to pull out the owner’s manuals to see the weight requirements for the seat belt restraint system. Case 6.6 – Design Defect Ques±on 1: Is the snow tube defec±ve? There is no defect in any aspect of the snow tube. It is manufactured and sold for the purpose of sledding down a snow covered hill or slope and cannot be steered or controlled. The product was manufactured and tested properly for the sole purpose of sledding downhill. The speeds that could be reached as well as the fact that the snow tube may turn and cause the rider to ride backwards were noted. There was also no defect to the design of the product as it was designed for the purpose that it presented. There is absolutely no way the manufacture could foresee, nor control the events that led up to the injury received by Higgins. Had the child not wandered onto the path, Higgins would have had no reason to be in the path of the snow tube...
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