Negligence and product liability
Negligence and product liability are two of our main topics for this week. Negligence is an unintentional tort because it happens by accident. Product liability arises when one is injured by a defective product. Consider the scenarios below. Choose one and determine if it describes negligence or product liability. Explain your answer and be sure to discuss the elements of any claims that may arise. Daisy is driving in her car when her phone chimes. She picks up her phone and sees a text from her friend. While responding to the text, Daisy runs a red light and causes an accident. Janet just moved from Florida to Minnesota and is enjoying the scenery of a beautiful snowfall when she sees a person slip and fall on the ice on the sidewalk in front of her house. Larry is a lumberjack. He decides to purchase a new chainsaw. The first time Larry uses the chainsaw, the product malfunctions and Larry is injured. For all discussions: Please respond to the below discussion. Antonio Redmon RE: Week 4 Discussion 1 Hello Everyone, Larry is a lumberjack. He decides to purchase a new chainsaw. The first time Larry uses the chainsaw, the product malfunctions, and Larry is injured. In this case, I believe it would qualify for a product liability claim. I say that because in this case, he used the product one time, and on that first time using the product it caused harm to him. But that also raises the question was it an operator error or a product error? Since the statement clearly states that the product malfunction, but how did the product malfunction? Did Larry read the instruction manual on how to operate the chainsaw? Yes, Larry could file a claim against the manufacturer and could possibly win the case. As long as he has valid evidence proving that the injury was caused by a faulty product.

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