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.
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
However, to protect consumers, the manufacturer has “an obligation to exercise due care”
by taking all the necessary precautions in ensuring safety.
If due care wasn’t exercised, one can
be held liable for negligence as defined in the
Second Restatement of Torts
manufacturer has more knowledge about his product than a consumer, he is required by law to
“exercise a greater degree of care.”
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.
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