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which results in her harm. This may be the case when a legal duty to disclose the material fact exists” (para 3). The developers of Dualplex 360 did not specifically state that the product could potentially cause a fire and therefore be hazardous. Not acknowledging this piece of information parallels to the idea that fraud took place, which can cause liability issues.Product liability is foreseeable through the injuries, disclaimer and the information that the developers knew about what could potentially happen when using the product. This is another argument that plaintiffs would adopt to strengthen their case. Product liability is a topic under strict liability. It encompasses taking accountability for the behavior that caused the injury. Product liability is when a product causes harm to a consumer. It is essentially defective and could be held responsible in a court of law. There was a manufacturing defect and the disclaimer was insufficient in making sure that people knew how dangerous the product could be when left charged. By this, New Brand Designs is subject to product liability amongst fraud and negligence. Accompanying this lawsuit are damages to follow.Consumers who have experienced overheating and igniting after purchasing the Dualplex360 laptop, may be entitled to certain damages if the defects have resulted in burns to users or damaged property. The victims in this case may seek compensatory damages due to any loss incurred as a result of New Brand Design, Inc’s tortious conduct. When a defendant seeks compensatory damages, the expectation is that they will receive compensation in order to be in the same position that they were prior to the tort happening. There are two types of compensatory
DUALPLEX 360 CASE4damage: special and general. Special damages are quantifiable and include a monetary value associated with the following: replacing damaged property, lost wages and medical cost. Generaldamages aren’t quantifiable, they include loss of limbs, pain and suffering, loss of mental and physical capacity, and loss of reputation. In this case, the defendant(s) may be able to claim both special and general damages. If the consumers had issues with the laptop catching fire, the company is at risk for a possible claim of bodily harm. Also, if any personal property was affected i.e. desk, bed, counter, those items could be claimed under special damages.