SlideShare a Scribd company logo
1 of 26
 
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
Introduction: Product Liability ,[object Object],[object Object],[object Object]
  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
Types of liability Manufacturing Defect  Design Defective    Marketing Def ect
Product Liability Cases
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
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
If the injures were caused by negligence? If so he will need to be prepared to do the following: ,[object Object],[object Object],[object Object],[object Object],Edward Needs Consider
Breach of Warranty Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction
Primary Theories  ,[object Object],[object Object],[object Object]
Negligence ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Strict Liability Is the standard for liability which may exist in either a criminal or civil context.  Source: Wikipedia
Related Case Studies ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Debate for Strict Liability ,[object Object],[object Object],[object Object],[object Object]
Law Pertaining to Product Liability
Liability Tort ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Tort : Wrong act!  Causing one party to suffer a  property loss or injury ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Liability Remedies ,[object Object],[object Object],[object Object],[object Object],[object Object]
Consumer Safety Commission
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.
Product Recall ,[object Object],[object Object]
Consumer Protection U.S. Consumer Product Safety Commission ,[object Object]
Continuing the Case  ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]
Questions
References ,[object Object],[object Object],[object Object],[object Object],[object Object]

More Related Content

Similar to Final presentation bus law

Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxChapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxmccormicknadine86
 
Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxChapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxbissacr
 
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docx
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docxLS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docx
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docxsmile790243
 
BUSINESS TORTS and PRODUCT LIABILITYChapter 7Meiners
BUSINESS TORTS and PRODUCT LIABILITYChapter 7MeinersBUSINESS TORTS and PRODUCT LIABILITYChapter 7Meiners
BUSINESS TORTS and PRODUCT LIABILITYChapter 7MeinersTawnaDelatorrejs
 
Chapter 13
Chapter 13Chapter 13
Chapter 13gbrand
 
Product liability lawyer okc
Product liability lawyer okcProduct liability lawyer okc
Product liability lawyer okcLarryturner9
 
Products Liability Issues in Florida
Products Liability Issues in FloridaProducts Liability Issues in Florida
Products Liability Issues in FloridaKrista Fowler Acu
 
Legal liability for business
Legal liability for businessLegal liability for business
Legal liability for businessHimabindu Mangiri
 
PLRB/LIRB 2012 Claims Conference - Food and Consumer Product Recalls
PLRB/LIRB 2012 Claims Conference - Food and Consumer Product RecallsPLRB/LIRB 2012 Claims Conference - Food and Consumer Product Recalls
PLRB/LIRB 2012 Claims Conference - Food and Consumer Product Recallsbarylgassman
 
Week 1 ContentSaylor Advanced Business Law and the Legal .docx
Week 1 ContentSaylor Advanced Business Law and the Legal .docxWeek 1 ContentSaylor Advanced Business Law and the Legal .docx
Week 1 ContentSaylor Advanced Business Law and the Legal .docxcelenarouzie
 
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdf
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdfEmbs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdf
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdfalstradecentreerode
 
Warranties and Product Liability
Warranties and Product LiabilityWarranties and Product Liability
Warranties and Product Liabilityguest95756160
 
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability Introduction  Strict liabilit.docxCommon Law Strict Liability Introduction  Strict liabilit.docx
Common Law Strict Liability Introduction Strict liabilit.docxdrandy1
 
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability Introduction  Strict liabilit.docxCommon Law Strict Liability Introduction  Strict liabilit.docx
Common Law Strict Liability Introduction Strict liabilit.docxcargillfilberto
 
Safety Management Chapter 9
Safety Management Chapter 9Safety Management Chapter 9
Safety Management Chapter 9Choi Kyung Hyo
 
KJO Representative Matters
KJO Representative MattersKJO Representative Matters
KJO Representative MattersKevin O'Shea
 
US Private Law Week 10.pptx
US Private Law Week 10.pptxUS Private Law Week 10.pptx
US Private Law Week 10.pptxpnarsoysarac
 
20130524 Ltr to Ins re Ntc of Claim v2
20130524 Ltr to Ins re Ntc of Claim v220130524 Ltr to Ins re Ntc of Claim v2
20130524 Ltr to Ins re Ntc of Claim v2Tom Campbell
 

Similar to Final presentation bus law (20)

Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxChapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
 
Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docxChapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
 
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docx
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docxLS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docx
LS311 Business LawWeek 3 - Strict Liability, Product Liabilit.docx
 
BUSINESS TORTS and PRODUCT LIABILITYChapter 7Meiners
BUSINESS TORTS and PRODUCT LIABILITYChapter 7MeinersBUSINESS TORTS and PRODUCT LIABILITYChapter 7Meiners
BUSINESS TORTS and PRODUCT LIABILITYChapter 7Meiners
 
Chapter 13
Chapter 13Chapter 13
Chapter 13
 
Product liability lawyer okc
Product liability lawyer okcProduct liability lawyer okc
Product liability lawyer okc
 
Product Liability
Product LiabilityProduct Liability
Product Liability
 
Products Liability Issues in Florida
Products Liability Issues in FloridaProducts Liability Issues in Florida
Products Liability Issues in Florida
 
Legal liability for business
Legal liability for businessLegal liability for business
Legal liability for business
 
PLRB/LIRB 2012 Claims Conference - Food and Consumer Product Recalls
PLRB/LIRB 2012 Claims Conference - Food and Consumer Product RecallsPLRB/LIRB 2012 Claims Conference - Food and Consumer Product Recalls
PLRB/LIRB 2012 Claims Conference - Food and Consumer Product Recalls
 
Week 1 ContentSaylor Advanced Business Law and the Legal .docx
Week 1 ContentSaylor Advanced Business Law and the Legal .docxWeek 1 ContentSaylor Advanced Business Law and the Legal .docx
Week 1 ContentSaylor Advanced Business Law and the Legal .docx
 
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdf
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdfEmbs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdf
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdf
 
Warranties and Product Liability
Warranties and Product LiabilityWarranties and Product Liability
Warranties and Product Liability
 
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability Introduction  Strict liabilit.docxCommon Law Strict Liability Introduction  Strict liabilit.docx
Common Law Strict Liability Introduction Strict liabilit.docx
 
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability Introduction  Strict liabilit.docxCommon Law Strict Liability Introduction  Strict liabilit.docx
Common Law Strict Liability Introduction Strict liabilit.docx
 
Safety Management Chapter 9
Safety Management Chapter 9Safety Management Chapter 9
Safety Management Chapter 9
 
KJO Representative Matters
KJO Representative MattersKJO Representative Matters
KJO Representative Matters
 
US Private Law Week 10.pptx
US Private Law Week 10.pptxUS Private Law Week 10.pptx
US Private Law Week 10.pptx
 
20130524 Ltr to Ins re Ntc of Claim v2
20130524 Ltr to Ins re Ntc of Claim v220130524 Ltr to Ins re Ntc of Claim v2
20130524 Ltr to Ins re Ntc of Claim v2
 
COMPLAINT
COMPLAINTCOMPLAINT
COMPLAINT
 

Recently uploaded

UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdfUGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdfNirmal Dwivedi
 
Food safety_Challenges food safety laboratories_.pdf
Food safety_Challenges food safety laboratories_.pdfFood safety_Challenges food safety laboratories_.pdf
Food safety_Challenges food safety laboratories_.pdfSherif Taha
 
Towards a code of practice for AI in AT.pptx
Towards a code of practice for AI in AT.pptxTowards a code of practice for AI in AT.pptx
Towards a code of practice for AI in AT.pptxJisc
 
SOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning PresentationSOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning Presentationcamerronhm
 
Micro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdfMicro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdfPoh-Sun Goh
 
ICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptxICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptxAreebaZafar22
 
Unit 3 Emotional Intelligence and Spiritual Intelligence.pdf
Unit 3 Emotional Intelligence and Spiritual Intelligence.pdfUnit 3 Emotional Intelligence and Spiritual Intelligence.pdf
Unit 3 Emotional Intelligence and Spiritual Intelligence.pdfDr Vijay Vishwakarma
 
SKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptx
SKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptxSKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptx
SKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptxAmanpreet Kaur
 
Salient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functionsSalient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functionsKarakKing
 
Understanding Accommodations and Modifications
Understanding  Accommodations and ModificationsUnderstanding  Accommodations and Modifications
Understanding Accommodations and ModificationsMJDuyan
 
Spellings Wk 3 English CAPS CARES Please Practise
Spellings Wk 3 English CAPS CARES Please PractiseSpellings Wk 3 English CAPS CARES Please Practise
Spellings Wk 3 English CAPS CARES Please PractiseAnaAcapella
 
This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.christianmathematics
 
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17Celine George
 
Basic Civil Engineering first year Notes- Chapter 4 Building.pptx
Basic Civil Engineering first year Notes- Chapter 4 Building.pptxBasic Civil Engineering first year Notes- Chapter 4 Building.pptx
Basic Civil Engineering first year Notes- Chapter 4 Building.pptxDenish Jangid
 
Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...Association for Project Management
 
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptxHMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptxmarlenawright1
 
Fostering Friendships - Enhancing Social Bonds in the Classroom
Fostering Friendships - Enhancing Social Bonds  in the ClassroomFostering Friendships - Enhancing Social Bonds  in the Classroom
Fostering Friendships - Enhancing Social Bonds in the ClassroomPooky Knightsmith
 
Wellbeing inclusion and digital dystopias.pptx
Wellbeing inclusion and digital dystopias.pptxWellbeing inclusion and digital dystopias.pptx
Wellbeing inclusion and digital dystopias.pptxJisc
 
Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)Jisc
 

Recently uploaded (20)

UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdfUGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
UGC NET Paper 1 Mathematical Reasoning & Aptitude.pdf
 
Food safety_Challenges food safety laboratories_.pdf
Food safety_Challenges food safety laboratories_.pdfFood safety_Challenges food safety laboratories_.pdf
Food safety_Challenges food safety laboratories_.pdf
 
Mehran University Newsletter Vol-X, Issue-I, 2024
Mehran University Newsletter Vol-X, Issue-I, 2024Mehran University Newsletter Vol-X, Issue-I, 2024
Mehran University Newsletter Vol-X, Issue-I, 2024
 
Towards a code of practice for AI in AT.pptx
Towards a code of practice for AI in AT.pptxTowards a code of practice for AI in AT.pptx
Towards a code of practice for AI in AT.pptx
 
SOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning PresentationSOC 101 Demonstration of Learning Presentation
SOC 101 Demonstration of Learning Presentation
 
Micro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdfMicro-Scholarship, What it is, How can it help me.pdf
Micro-Scholarship, What it is, How can it help me.pdf
 
ICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptxICT Role in 21st Century Education & its Challenges.pptx
ICT Role in 21st Century Education & its Challenges.pptx
 
Unit 3 Emotional Intelligence and Spiritual Intelligence.pdf
Unit 3 Emotional Intelligence and Spiritual Intelligence.pdfUnit 3 Emotional Intelligence and Spiritual Intelligence.pdf
Unit 3 Emotional Intelligence and Spiritual Intelligence.pdf
 
SKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptx
SKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptxSKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptx
SKILL OF INTRODUCING THE LESSON MICRO SKILLS.pptx
 
Salient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functionsSalient Features of India constitution especially power and functions
Salient Features of India constitution especially power and functions
 
Understanding Accommodations and Modifications
Understanding  Accommodations and ModificationsUnderstanding  Accommodations and Modifications
Understanding Accommodations and Modifications
 
Spellings Wk 3 English CAPS CARES Please Practise
Spellings Wk 3 English CAPS CARES Please PractiseSpellings Wk 3 English CAPS CARES Please Practise
Spellings Wk 3 English CAPS CARES Please Practise
 
This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.This PowerPoint helps students to consider the concept of infinity.
This PowerPoint helps students to consider the concept of infinity.
 
How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17How to Give a Domain for a Field in Odoo 17
How to Give a Domain for a Field in Odoo 17
 
Basic Civil Engineering first year Notes- Chapter 4 Building.pptx
Basic Civil Engineering first year Notes- Chapter 4 Building.pptxBasic Civil Engineering first year Notes- Chapter 4 Building.pptx
Basic Civil Engineering first year Notes- Chapter 4 Building.pptx
 
Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...Making communications land - Are they received and understood as intended? we...
Making communications land - Are they received and understood as intended? we...
 
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptxHMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
HMCS Vancouver Pre-Deployment Brief - May 2024 (Web Version).pptx
 
Fostering Friendships - Enhancing Social Bonds in the Classroom
Fostering Friendships - Enhancing Social Bonds  in the ClassroomFostering Friendships - Enhancing Social Bonds  in the Classroom
Fostering Friendships - Enhancing Social Bonds in the Classroom
 
Wellbeing inclusion and digital dystopias.pptx
Wellbeing inclusion and digital dystopias.pptxWellbeing inclusion and digital dystopias.pptx
Wellbeing inclusion and digital dystopias.pptx
 
Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)Accessible Digital Futures project (20/03/2024)
Accessible Digital Futures project (20/03/2024)
 

Final presentation bus law

  • 1.  
  • 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
  • 3.
  • 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
  • 5. Types of liability Manufacturing Defect Design Defective   Marketing Def ect
  • 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
  • 9.
  • 10. Breach of Warranty Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction
  • 11.
  • 12.
  • 13. Strict Liability Is the standard for liability which may exist in either a criminal or civil context. Source: Wikipedia
  • 14.
  • 15.
  • 16. Law Pertaining to Product Liability
  • 17.
  • 18.
  • 19.
  • 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.
  • 22.
  • 23.
  • 24.
  • 26.