Respond to (2) Peers – Week 3
Question 1 was:
The power of advertising is in its persuasive influence, and this influence can take several different forms. Research one example lawsuit, using the legal database, of persuasive but deceptive advertising within the last five years that violates the law regarding product liability warranty. Be sure to identify the facts and explain the law in your answer. See Section 13-2: Advertising as a Contract Basis for Product Liability in your textbook. Provide support for your response. Nexis-Uni link: https://libdatab.strayer.edu/login?url=https://www.nexisuni.com
In relation to government enforcement of product warranty and liability claims, research the Internet or the Strayer Library for information about the latest activities by the Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), and the National Highway Traffic Safety Administration (NHTSA). Analyze the current state of government regulation for product safety to determine whether each administrative agency is generally proactive or reactive. Provide one specific example within the last year from each agency.
Peer Response:
The basis for product liability is a warranty Depending on the specifics of the case, an injured consumer can seek compensation from one or more liable parties, including manufacturers, wholesalers, and/or retail outlets. Determining the defendant in a product liability case is not a matter of choosing one liable party over another; any party involved in a defective product’s chain of distribution may be held accountable through a product liability lawsuit. When beginning to put together a claim for a defective product, it is important to include any party involved in the chain of distribution.
Manufacturer: This can include a large multi-national company, an individual working out of his or her garage, or any parties involved in the design or marketing of the product. Depending on the size of the product, claimants can include the manufacturer of the defective part, as well as the manufacturer of the entire product.
Retailer: When a retailer advertises an item for sale, it is impliedly ensuring the product is safe and suitable for use. If a consumer purchases a defective product, the seller of that item, even though they were not involved in its manufacture, can be held liable for damages.
Negligence: The claimant must show that carelessness in the design or manufacture of the product led to his or her injuries. The injured party first must demonstrate that the defendant had a duty to sell a safe product. The consumer then must show that the defendant breached this duty. A “breach of duty” can be shown if the plaintiff can prove that the defendant knew or should have known that the product was defective. The plaintiff must also prove that the defective product caused their injuries.
There are many facets of product development in which negligence can occur, including, but not limited to:
Drawing up or reviewing product plans

 

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