Dualplex360.docx - Introduction In the market of technology...

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Introduction In the market of technology there are many risks designers must take when designing and creating products. Risks such as hardware risk due to outdated hardware, design risks where the design fails to fulfil the requirements of the technology, and many more. All of these potentials provide risks to both the developers and consumers. When this occurs, it can lead to lawsuits and usually does. In the New Brand Design, Inc. (NBD) Dualplex 360 scenario the manufacturers, designers, researchers, and development team knowingly failed to inform consumers of the hazardous risks that could potentially come while using the 360 product. This has resulted in potential major lawsuits from consumers. The following sections represent the potential claims that consumers could file, as well as, the possible defenses for New Brand Design, Inc. Negligence Claim T he first potential claim that could be filed is negligence. Negligence can be defined as the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances” (Proving, n.d). In Layman’s terms, negligence is when someone fails to take the proper care needed for towards person, place, or thing. In this case, the “thing” is the Dualplex 360. In order for the consumers to prove negligence in court there are four different elements they would need to cover: duty, breach, causation, and damages/harm.

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