Steven Lie GBS 205 Mark Barton.   The liability of any or all parties along the chain of manufacture of any product for damage caused by that project.

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Presentation transcript:

Steven Lie GBS 205 Mark Barton

  The liability of any or all parties along the chain of manufacture of any product for damage caused by that project What is Product Liability?

  Producer of the raw material used in the product  Assembling Manufacture  Retailer / Wholesaler  Owner of the retail store The Chain of Product Liability

  Tangible Products  Intangible products (gas)  Natural (pet)  Real estate (house)  Writing (navigational charts) Example of Product Liability

  Breach of Warranty  Negligence  Strict Liability Theories

  Breach of warranty is based on contract law  A contract between vendor and consumer Breach of Warranty

  Types of warranties  Breach of express warranty theory The plaintiff claimed the violation of the actual written warranty associated with a product  Breach of implied warranty theory The plaintiff claimed that although there is no express warranty or the defect alleged is not covered by the express warranty, a defect in the goods renders them unfit for the purpose intended Breach of Warranty

  Negligence means Lack of ordinary care  The plaintiffs have to find people who are responsible for the product being defective Negligence

  Product liability results from that fact alone no matter how much care was applied during design, manufacture, marketing, distribution and sale Strict Liability

  Design Defects  Manufacturing Defects  Marketing Defects Product Defect

  Occurs when product is hazardous to be used  Do not arise from some error, but majority Design Defects

  Defects arise from the manufacturing process  It is usually not intended (error making) Manufacturing Defects

  The producer forget to remind the user about the danger of the product  The producer fail to give the instruction or warning Marketing Defects

  State Law  Uniform Commercial Code (UCC) – article 2 Law Regarding Product Liability

 Affect in Business

 Case 1

 Case Analysis

 Case 2

 Case Analysis 2

 Conclusion