week 4 disussion.docx - Negligence and Product Liability...

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Negligence 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. This scenario is listed above classified as a negligence case against Daisy. Daisy caused the accident by not paying attention to her surroundings. The insurance company will find her at fault. She also is at fault because she ran a red light to cause the accident. Depending on the severity of the accident daisy can potentially face criminal charges, and become responsible for the other drivers medical bills.

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