2. What is Product Liability - Theories and Types Case study Edward vs. Home Depot, Black & Decker, Barbara ,Winetco - Real life Linked Case - Other Liability Concepts Table Of Content
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4. Negligence- Referred to when their has been lack of reasonable care either during design producing and an unsafe product, assembly or production Misrepresentation- Being lead by the false pretense of a products safety & not by it’s hazardous potential Strict Liability – Not having to proof fault only that the product was defective, injured you and your injury was a result of the defect Primary Theories of liability
7. Case Study Ben purchases a Black and Decker electric saw at Home Depot. Barbara borrows the saw from Ben, and Edward, a neighbor across the street, is seriously injured when the blade of the saw flies off during use and hits him in the arm. Edward files a lawsuit for negligence against 1) Home Depot 2) Black and Decker 3) Barbara 4) Winetco, the maker of the blade used by Black and Decker Edward vs. Home Depot, Black & Decker, Barbara ,Winetco
8. 1. Was the Black & Decker product defective? 2. Was the design unsafe? 3. Was there a failure to warn of the potential hazard? Edward vs. Home Depot, Barbara Black & Decker & Winteco
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10. Breach of Warranty Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction
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13. Strict Liability Is the standard for liability which may exist in either a criminal or civil context. Source: Wikipedia
21. Consumer Protection Consumer protection laws for product defects are: lemon laws which became widespread because automobiles are often an American citizen's second-largest investment after buying a home.