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Torts rules of law
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As we go about our daily lives we interact with a variety of products and services, many of which are key parts into how we live. We trust the policies, procedures and laws that are in place within society to protect us is the event we are to incur harm. The issue of product liability has become increasingly prominent in the news and has left many individuals wondering how safe the products we use daily are. The issue of tort and product liability was no more aware than the case of Gladys Escola, Respondent, v. Coca Cola Bottling Company of Fresno. It highlighted how issues that are interpreted as isolated could become a bigger problems and lead to large litigation cases. In papers filed with the Supreme Court of California on July 5, 1944. Plaintiff Gladys Escola a waitress claims she was unloading bottles of Coca Cola that had been delivered a day prior she states that on attempting to place one of the bottles in the refrigerator the bottle exploded in her hand and the jagged pieces placed a deep five inch cut in hand. Leaving her with separated blood vessels and nerves. She sought to get monetary compensation for what she thought was negligence on the part of the Coca Cola Company for placing too much gas or carbonation in the glass bottles leaving them with the potential to explode. …show more content…
“A pressure test is made by taking a sample from each mold every three hours — approximately one out of every 600 bottles — and subjecting the sample to an internal pressure of 450 pounds per square inch, which is sustained for one minute. (The normal pressure in Coca Cola bottles is less than 50 pounds per square inch.) The sample bottles are also subjected to the standard thermal shock test. The witness stated that these tests are "pretty near" infallible.” (Supreme Court of
Similar to the sisters’ observation, the analyst initially thought that the foreign material that was floating in the bottle was a condom, however, upon examination, he was scientifically certain that the foreign object was a mold. As the trial ended, the jury favored the plaintiffs, awarding them $75,000 each. Nevertheless, the trial court decreased the jury award to $25,000 each to Hagan and Parker. Both involved parties appealed to the Fifth District Court Appeals. The appellate court concluded under the case law concerning the impact rule -that the sisters had not established a claim because they did not suffer a physical injury. The appellate court reversed the jury award.
In Herbert’s and Seaver’s letters (1970), Herbert writes to Seaver discussing Seaver’s commercial use of the line “It’s the Real Thing” for Mr. Haskin’s book without “consent” from the Coca-Cola company: Seaver’s letter is a reply discussing the misunderstanding for the line. The speaker of both letters utilizes a different approach to explain to each other their justification of Coca-Cola’s ownership for the line and commercial use of it. Herbert’s letter contains a condescending and arrogant tone; because of this, Seaver replied back in a satirical, sarcastic, and an almost amused tone.
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
The movie “A Civil Action” released on January 8, 1999 provides viewers with an extraordinary story of the nightmare that occurred in Woburn Massachusetts in the late 1970’s. The people of this small town at the time had no idea what was going on until there were various cases of Leukemia in small children that ultimately resulted in the early passing of them. The people eventually had gone to find out that the drinking water in this small town was contaminated and there were many women that stepped in to get answers. This movie is a tremendously jaw dropping, eye opening account of a heartbreaking true story incident. There are various elements of negligence in this movie including, duty, legal cause, proximate cause and damages.
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
We learned from Lau and Johnson (2014) text “strict liability torts require neither intent nor carelessness (p. 152).” Upon viewing Susan Saladoff’s movie documentary the Hot Coffee Movie Trailer link, I was intrigued to learn more about the case. I, too, was an individual who did not have all of the facts about the case. Let’s explore four questions for this week’s discussion which is all about the tort reform.
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
There was strong competition for Ford in the American small-car market from Volkswagen and several Japanese companies in the 1960’s. To fight the competition, Ford rushed its newest car the Pinto into production in much less time than is usually required to develop a car. The regular time to produce an automobile is 43 months but Ford took 25 months only (Satchi, L., 2005). Although Ford had access to a new design which would decrease the possibility of the Ford Pinto from exploding, the company chose not to implement the design, which would have cost $11 per car, even though it had done an analysis showing that the new design would result in 180 less deaths. The company defended itself on the grounds that it used the accepted risk-benefit analysis to determine if the monetary costs of making the change were greater than the societal benefit. Based on the numbers Ford used, the cost would have been $137 million versus the $49.5 million price tag put on the deaths, injuries, and car damages, and thus Ford felt justified not implementing the design change (Legget, C., 1999). This was a ground breaking decision because it failed to use the common standard of whether a harm was a result of an action on trespass or harm as a result of an action on the case (Ferguson, A., 2005).
The Porter’s model of competitive advantage of nations is based on four key elements including factor endowments, demand conditions, related and supporting industries and firm strategy, structure and rivalry. This makes it suitable in understanding the competition existing in the soft drinks industry in the Asian markets. The factor conditions identify the natural resources, climate, location, and demographics. Coca cola and Pepsi enjoy the growing population in the Asian markets (Yoffie, 2002). A higher population guarantees the two companies adequate revenues. Other factors include communication infrastructure and availability of skilled workers. Most of the Asian countries are embracing new technologies that grow much knowledge of the diverse beverage drinks. Secondly, the demand conditions play a significant role in enhancing competitiveness for the firms. Both Coca cola and Pepsi are an
The major ethical issue face by Coca Cola in recent year was concerning sale of hazardous product which affected the health of few consumers including school children. This incident took place in Belgium where Coca Cola beverages found themselves in middle of an accusation of selling poorly processed batch of carbonated drinks which made initially 10 people ill and later the number swelled to 100 which also included school children. This was a contamination scare incident that took place in June 1999. This damaged Coca Cola customer base harming their confidence in the product as it was relating to the production and sale of hazardous product. Two main problems that were identified by the company relating to their production and distribution were ‘‘Off-quality’’ carbon dioxide that affected the taste and odor of some bottled drinks, and an offensive unusual odor on the outside of some canned drinks which were later identified as sulphur odor. This odor has an increasing intensity when the cans were placed in vending machines to sell.
Considerable effort has been expended in attempts to identify the purpose of the law of torts. However, the range of interests protected by the law of torts makes any search for a single aim underlying the law a difficult one. For example, actions for wrongful interference with goods or trespasses to land serve fundamentally different ends from an action seeking compensation for a personal injury. Nevertheless, following the research I have carried out the fundamental purpose of the law of torts is to achieve compensation and appeasement and to obtain deterrence and justice, in order to determine the conditions under which certain losses may be shifted to persons who created the risks which in some way led to the losses. In doing so, the law of torts attempts to balance the utility of a particular type of conduct against the harm it may cause. During the course of this essay I will discuss each function separately and I will investigate how each function achieves its individual resolution of a tort.
In 1885, John S. Pemberton, an American pharmacist, created the formula for what is now known as Coca-Cola. Being a pharmacist, Pemberton’s original intention was for this concoction to be used as medicine in order
Notably, the class of potential defendants in a product liability is extensive; it may include everyone in the distribution chain of the product (Wong 2010). The defendant may range from the manufacturer of the product to the seller or the lessor of the product. In addition, anyone who services the product or installs the product after purchase may stand liable in the event that the product is defective. Principally, the basis of action in a product liability litigation are the negligence, intent, strict liability, breach of implied warranty of merchantability, and general misrepresentation (Wong 2010). In practice, prosecutions in product liability have significantly relied on the Third Restatement of Torts, on section 402A