Ch 7 - 15 Slides.pptx - PRODUCT LIABILITY 1.INTENTIONAL TORT ONLY FRAUD 2.NEGLIGENCE MUST ESTABLISH STANDARD OF CARE USING EXPERT WITNESS 3.STRICT

Ch 7 - 15 Slides.pptx - PRODUCT LIABILITY 1.INTENTIONAL...

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PRODUCT LIABILITY1.INTENTIONAL TORT: ONLY FRAUD2.NEGLIGENCE: MUST ESTABLISH STANDARD OF CARE USING EXPERT WITNESS3.STRICT LIABILITY: UNREASONABLY DANGEROUS PRODUCT4.INADEQUATE WARNINGS
PRODUCT LIABILITY: MISREPRESENTATIONFRAUD: 1. INTENTIONAL MISREPRESENTATION2. REASONABLE RELIANCE3. CAUSATION4. INJURYA BAD AD OR LABEL CAN SHOW INTENT, BUT THE INJURED PARTY MUST HAVE RELIEDON IT.
IN 2015 NEW YORK ATTORNEY GENERAL ERIC SCHNEIDERMAN SUED MANUFACTURERS & STORES SELLING MISLABELED VITAMIN SUPPLEMENTS AFTER FINDING THAT, WHEN TESTED, BRANDS LABELED AS MEDICINAL HERBS FLUNKED. “IT’S FRAUD. IT’S BASICALLY CONSUMER FRAUD,” SAID THE AG.IN 2015 THE EPA FOUND THAT VOLKSWAGEN HAD INTENTIONALLY PROGRAMMED THEIR DIESEL ENGINES TO ACTIVATE THEIR EMISSIONS CONTROLS ONLY DURING LABORATORY EMISSIONS TESTING, CAUSING THE VEHICLE TO EMIT UP TO 40 TIMES MORE NOXIN REAL-WORLD DRIVING.VOLKSWAGEN DEPLOYED THIS PROGRAMMING SOFTWARE IN ABOUT ELEVEN MILLION CARS WORLDWIDE.VOLKSWAGEN FRAUDLabel Fraud
PRODUCT LIABILITY: NEGLIGENCEDUE CARE MUST BE EXERCISED IN:DESIGNING PRODUCTS.SELECTING MATERIALS.INSPECTING AND TESTING COMPONENTS.PRODUCING PRODUCTS.ASSEMBLING PRODUCTS.TESTING PRODUCTS.PLACING WARNINGS ON LABELS TO INFORM USERS OF DANGERS OF WHICH AN ORDINARY PERSON MIGHT NOT BE AWARE.OFTEN NEED EXPERT WITNESS TO EXPLAIN TECHNICAL DETAILS TO JURY.
SCHWARCK V. ARCTIC CAT, INC., CASE 7.1, PG. 136FACTS: SCHWARCK WAS DRIVING THE ARCTIC CAT 660 ON MACKINAC ISLAND AND ATTEMPTED TO EXECUTE A THREE-POINT TURN. AFTER SHE REVERSED, SHE STOPPED A SECOND TIME AND SHIFTED FORWARD, AND NOT HEARING THE REVERSE ALARM, BELIEVED SHE WAS IN FORWARD, AND ACCELERATED. AS A RESULT, THE CRAFT WENT

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