MS WORD_GROUP VI_#5_PRODUCT LIABILITY_200421.docx -...

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UNIVERSITY OF NAIROBI LAW OF TORTS 2.1 GROUP ASSIGNMENT APRIL 20 TH , 2021 GROUP VI MEMBERS 1. OTIENO BILL- G34/3192/2019 2. AMARA EMILLY- G34/3199/2019 3. STEPHANIE ANYANGO- G343290/2019 4. CHEPKURUI SHARON- G34/3292/2019 5. KARANJA GEORGE- G34/4618/2018 6. HANNAH MWAKIO- G34/139710/2020 7. JULIUS WANDOLO-G34/3330/2019 8. GACHIRA BEATRICE-G34/3157/2019 9. OTIENO CHARLES DICKENS- G34/3331/2019 10. MAGARA LENNOX- G34/3269/2019 11. FAITH MWAILU- G34/3208/2019 12. OPIYO SHARON- G34/3254/2019 13. MERCY NYABOKE- G34/3281/2019 14. GESARE ONKANGI-G34/3289/2019 15. BRIAN MUTUKU MUNYAO- G34/83493/2017
QUESTION Using recent UK and Kenya case law on similar facts and circumstances, critically discuss the recent legally unreported US Florida case of The Cynthia Robinson v. R.J. Reynolds Tobacco Company . ANSWER A critical analysis of the unreported US Florida case of The Cynthia Robinson v R.J. Reynolds Tobacco Company Introduction Johnson Robinson, the deceased, was Cynthia’s husband. He was a cigarette addict who died of lung cancer in 1996. His wife, a Pensacola woman, later filed the suit in 2008. She sought for a declaration by the courts that in deed the tobacco company was negligent when it failed to inform Cynthia’s husband that smoking causes lung cancer and that nicotine is highly addictive. Further, she sought a compensatory award for the company’s breach of duty. The Escambia County jury sided with The Robinsons and awarded her more than 16 million dollars in compensatory damages and 23 billion dollars in punitive damages on Thursday and Friday respectively. Rule The duty of care holds that a manufacturer would be liable if a consumer is harmed in the course of safely using their product, if it is proved there was negligence or failure to reasonably anticipate that the product would be harmful in some way. 1 The neighbour principle as set by Lord Atkins in that case had two major effects; it established a category of duty- manufacturer of goods to the eventual user as well as setting the law of negligence on a path of extension. Analysis The jury in the Escambian court allowed Mrs Robinson’s suit to succeed. The jury found that the tobacco company had acted negligently and maliciously when it withheld vital information pertaining to the harmful effects of cigarette and the addiction that came along with nicotine in the tobacco. The principle of product liability holds manufacturers legally responsible for any loss, harm or injury to the consumer caused by such product. Mrs Robinson had lost her husband to cancer. She argued that were it not for the cigarette smoking the man would have stayed alive even longer. He became addicted to the nicotine and would later contract lung cancer which he eventually died of. 1 The neighbor Principle in Donoughue v Stevenson
Willie Gary, a trial attorney, remarked that the jury wanted to make a change. He explained that everything was presented before the jury and it was clear that the tobacco company lied and failed to disclose information that could have saved lives.

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