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Strict liability and products liability quiz
Ch. 22 product liability
Product Liability Elements
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Introduction of the Topic Product liability is a legal liability method of manufacturers, producers, and retailers, so they are responsible when their products result in harms to consumers in the market. The product liability happens when manufacturers, producers, or retailers are inadvertent in creating products without using an appropriate design process and sold it to the market. Moreover, the products that are created by manufacturers may result in an injury as a result of the absence of warning labels of the correlated risk or inadequate direction. Ford Motor Company is one of the vast majorities of companies that are responsible for their product’s abuse as a result of product’s imperfection. What precautions are needed for Ford Company to be able to prevent product liability lawsuit? It is important for Ford Motor Company to create a safe product for their customers before publicly put it on the market.
Factual Background
In the 1970s, Ford Motor Company, one of the most rising vehicle companies, proposed a recent car model on the public to get in a direct competition with other foreign vehicle companies that
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Ford Motor Company case, because Ford Motor Company is confirmed to be inattentive and is responsible in this case. Ford Motor Company violated all elements of the negligence law, due to inattentively in every aspect of responsibility, since they know about the defective parts of Ford Pinto, but did not inform it to the public and resulted in the death of Lily Gray and a serious injury of Richard Grimshaw. The judgment asserted the trial court allocated a compensatory and punitive damages were reasonable for both Lily Gray and Robert Grimshaw. It is written in Philippians 2:4, “Look not every man on his own things, but every man also on the things of others.” Therefore, it is important for Ford Motor Company to create a safe product for their customers before publicly put it on the
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.
This design defect, however, does not mean that the plaintiff is awarded since the design defect was not the proximate cause of injury for Cheyenne. Due to Gordon’s modification of the seat belt, Ford is not liable for the injuries that Cheyenne suffered. Stark ex. rel. Jacobsen v. Ford Motor Co., 365 N.C. 468, 472, 723 S.E.2d 753, 756 (2012). The evidence supports the idea that her spinal cord injury was a direct result of placing the seat belt behind her back. Preemption as a theory that would bar the Starks from recovering does not apply in this case, since the federal government’s regulations do not make manufacturers immune to design defect claims. Stark’s claims of inadequate warnings likewise do not apply since the misuse of the product, it’s alteration, is the proximate cause of injury. Had the modification of the seat belt not been the proximate cause of injury, and instead a contributing factor, the court might have decided that Stark was only twenty percent responsible for the injury that occurred. This amount of contributory negligence would not have barred them from recovering, according to Indiana Statutes, and Ford would have been liable for the
This case involves the explosive nature of the Ford Pinto's fuel tank when involved in a rear-end collision. The flawed fuel tank’s structural design, led to a lawsuit and later to over one hundred civil suits as well. Engaging the examination of many concerns, most of which focused on Ford’s use of their cost-benefit analysis, showing it was less expensive to pay the court costs of the claims expected, some $49.5 million, instead of fixing the issue on each car after production, at a cost of $137 million. Leading to public disputes as to the ethics encompassing its corporate judgment to follow the internal cost-benefit.
Model T’s were everywhere in America, even long after Ford stopped production in 1927. (Henry) While Ford was the number one brand, selling the most cars throughout the early 1900’s, the Model T created a new industry that is distinctly American; the auto industry. Three manufacturers, Ford, General Motors, and Chrysler dominated the American auto industry, and all three companies still produce cars today. The Model T gave birth to the competitive auto market. To this day, car companies in America are constantly racing to innovate, improve, and outsell their competitors. Manufacturing of cars “became the backbone of a new consumer goods-oriented society. By the mid-1920s it ranked first in value of product, and in 1982 it provided one out of every six jobs in the United States.” (history –idk yet) The demand for cars also resulted in a booming petroleum industry, and a high demand for metals, like steel. ( History idk yet) Furthermore, with so many people driving cars, construction of roads was necessary. The popularity of automobiles set off a chain reaction that created new opportunities all across the country. All sections of the modern automotive industry, from marketing to manufacturing, as well industries like petroleum refining, steel production, and road construction, can trace their beginnings to the Ford Model
Henry Ford originally intended the Model T to be the “farmer’s car.” But in order to make a car that was financially available to the common man, Ford needed an industrial revolution that would allow him to produce numerous automobiles at an inexpensive price. He succeeded in doing so by implementing his innovative assembly line and specialized labor for the production of the Ford Model T. By the 1920s, car manufacturing exploded due to Ford’s cheap and simplistic methods of production causing prices to drop significantly and allowing the Model T to fit within the average ...
The world of technology is ever changing and advancing. With the automotive industry in play technology is constantly surpassing what is available today with what can be done for tomorrow. Technology and the automotive industry go hand in hand with constant improvement to components of cars. Due to technology advancement there is competition within the car industry, especially between American car companies and European car companies. European car companies provide their buyers with innovative variety and revolutionary luxuries. European car technology is superior to American car technology due to their safety, entertainment, and luxury features.
Ford Motor Company has been and till the date is known as the king of innovations in the automobile industry. Their research & development department and innovation of interchangeable parts in moving assembly lines resulted in extraordinary global extension for them. They are an old heritage who ruled and still doing impressive jobs in the global automobile market. Some prestigious motor brands are also owned by Ford.
Early 20th century, the automobile was vastly used by the rich, due to its high pricing and complicated machinery models. Most models required a chauffeur acquainted with the individual model’s mechanics. This sole reason drove Henry Ford’s determination to build a simple, yet reliable and affordable car. In the article “Henry Ford - An Impact Felt”
The automobile changed American life, but the process was gradual. Though historians argue the date and inventor of the first automobile, we can say that Henry Ford’s creation of his Ford Motor Company in 1903 marked perhaps the major milestone of the early twentieth century automobile industry in America and around the world. Five years after the company’s inception, Ford’s legendary Model T of 1908 would revolutionize transportation and the world economy. Before the Model T, automobiles in the US were associated with only the wealthier class. Ford sought to make cars available to every American. His cars would assume the general build that continues to characterize automobiles today, and his innovation and system of production would make him a legend.[i] The automobile led to an extremely advanced system of roads and contributed to an American mentality of freedom to move.[ii] Early drivers saw both benefits and difficulties as the automobile became the standard American mode of transportation.
Ford’s production plants rely on very high-tech computers and automated assembly. It takes a significant financial investment and time to reconfigure a production plant after a vehicle model is setup for assembly. Ford has made this mistake in the past and surprisingly hasn’t learned the valuable lesson as evidence from the hybrid revolution their missing out on today. Between 1927 and 1928, Ford set in motion their “1928 Plan” of establishing worldwide operations. Unfortunately, the strategic plan didn’t account for economic factors in Europe driving the demand for smaller vehicles. Henry Ford established plants in Europe for the larger North American model A. Their market share in 1929 was 5.7% in England and 7.2% in France (Dassbach, 1988). Economic changes can wreak havoc on a corporation’s bottom line and profitability as well as their brand.
Ford Motor Company Introduction This paper will address an analysis of the key success factors in strategic planning for the Ford Motor Company, including planning, product offerings, marketing and sales. The paper will also include financial characteristics and a competitive analysis of the Ford Motor Company. Ford Motor Company The Ford Motor Company inspired a manufacturing revolution with its mass production assembly lines in the early 20th century. Ford and Lincoln are one of the world's most well known automotive brands, most known for the Ford Mustang, and F-Series pickup trucks.
Noel, Dix. “Defective Products: Abnormal Use, Contributory Negligence and Assumption of Risk” Vanderbilt Law Review. New York: Bedford/St. Martin’s, 2002. 313-23. Print.
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
For such a long time, citizens of Malaysia drool saliva reading about Ford Mustang and watching the racing scenes of it in movies but they neither have the chance to see it in real nor owning one of it. Ford Company has noticed that their cars have a good market in Malaysia because it is the first muscle car to be sold in Malaysia. They customized the car according to the needs and wants of Malaysia market by introducing Mustang in a new small four cylinder turbo engine. To be honest, even though Mercedes Benz and BMW might be the best selling luxury car in Malaysia, it might not be what the people actually want. As one of the consumers, I believe that people likes less for more, and thus they like Mustang, because Mustang is a vehicle that offer value for money by delivering best-in-class combinations of quality, performance, smart technologies, safety and fuel economy. (Westerman, 2015) The performance of Mustang is up to BMW M4 standard but its only selling at around RM550,000 while BMW M4 is offered at a high price of RM748,800. In addition to that, Ford Mustang was in 3rd place for 2015 World Car of the World Award while BMW M4 is not even in the list. (Gerard,
A hazard is a potential damage, adverse health or harm that may effects something or someone at any conditions. Other than that, the risk may be high or low, that somebody could be harmed depending on the hazards. Risk assessment is a practice that helps to improve higher quality of the develop process and manufacturing process. It is also a step to examine the failure modes of the product in order to achieve higher standard of safety and product reliability. Unfortunately, it is common that a product safety risk assessments are not undertaken, or not carried out effectively by manufacturer. Mostly an unsafe and unreliable product was produced and launched on to the market. Thus, the safety problems are mostly identified after an accident happened or after manufacturing problems arisen. In order to prevent risk, a person should take enough precautions or should do more to prevent them because as a user should be protected from harm that usually caused by a failure for whom did not take reasonable control measures.