Week 3 - Tatsiana Krupetskiy Professor Wehmhoefer BA 495-E...

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Tatsiana Krupetskiy Professor Wehmhoefer BA 495-E 15 July 2009 Individual Assignment #1-A After reading the safety instruction in the owner’s manual for my car, I found them to be quite understandable and easy to read. The terms and explanations were very clear as well. These instructions concentrate on always wearing a safety belt, restraining all children, being aware of airbag hazards, not drinking and driving, controlling your speed, and keeping your car in safe condition – something a reasonable person would consider anyway. 1 In my opinion, the instructions are overly cautionary and repetitive. For example, warnings about the danger of putting child seats in the front seat can be found throughout the forty pages of the owner’s manual. However, to protect consumers, the manufacturer has “an obligation to exercise due care” by taking all the necessary precautions in ensuring safety. 2 If due care wasn’t exercised, one can be held liable for negligence as defined in the Second Restatement of Torts . 3 Since the manufacturer has more knowledge about his product than a consumer, he is required by law to “exercise a greater degree of care.” 4 Thus, every car nowadays, not only comes with the owner’s manual that has safety instructions, but also has safety warnings on sun visor, dashboard, hood, and radiator cap. 5 Under the contractual theory, manufacturers have legal and moral obligation to offer products free from danger. Thus, when purchasing a car, a consumer relies on the manufacturer’s expertise, regarding safety. Therefore, a manufacturer has to make sure that “nothing in the
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design makes it especially hazardous in the event of an accident,” described in the UCC as an implied warranty of merchantability. 6 Personally, I’ve never looked at the safety instructions for my car before – guilty as charged. When I first had to install a car seat in my car, we went to the Police Department for some helpful tips. Since I live in the community with really low crime rates (Summit County, CO), where officers have nothing better to do, but help people with things like that or pull them
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