Duty requires that the defendant owed a legal duty to

This preview shows page 1 - 3 out of 4 pages.

Duty requires that the defendant owed a legal duty to the plaintiff. Breach requires that the defendant breached that legal duty. Causation shows that it was the defendant inaction or action that caused harm or injury. Lastly, damages require an actual injury to have occurred as a result of the defendant's actions.
Consumer who bought the Dualplex 360 can claim that it was NBD’s legal duty to ensure a safe product and that by neglecting to fix the battery issue that they produced injuries to consumers and damage to property. If the plaintiff won this case, they would likely be awarded compensatory damages, tangible losses, and potentially punitive damages. In order to defend this NBD could claim that by providing explicit instructions to not leave the laptop plugged in that they exercised reasonable care and did not cause the plaintiff’s damages. They could insist that they made a reasonable effort to warn consumers. Defective Product Liability Claim Another claim that can be produced at court is the defective product liability claim. There are three different types of defective product liability claims which include defectively manufactured products, defectively designed products, and failure to provide adequate warnings or instructions. The two claims that are most correlate to this case are the defectively designed products and failure to provide adequate warnings or instructions. In order to file a defectively

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture