Quiz show -torts
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This document discusses various legal concepts related to tort law, including: 1) A wrongful death action is considered the same category as a claim for bodily injury. Wrongful death damages vary depending on the relationship of the deceased to the claimant. 2) Products liability claims can be based on negligence, strict liability, or both. 3) Negligence involves the failure to meet the required standard of care in a given situation. Special damages cover incurred costs like medical bills, while general damages include things like pain and suffering.
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Running Head MEDICAL MALPRACTICE LAWSUIT1 MEDICAL MALPRACTICE .docx
Running Head: MEDICAL MALPRACTICE LAWSUIT 1
MEDICAL MALPRACTICE LAWSUIT 5
Term Paper “The Lawsuit of Medical Malpractice”
Marilyn Diaz
Professor George Ackerman
PLA4522 Health Care Law
July 17th, 2019
Abstract
This paper explores “Medical Malpractice” in the field of law in detailed explanation. The paper begins with an introduction to medical malpractice giving statistics and data. Data from the European Union is used to give a detailed illustration. The introduction is followed by elements of medical malpractice lawsuit, defenses to a medical malpractice lawsuit, ways of avoiding a medical malpractice lawsuit and the policy of medical insurance. The method used to gather information was reading of various articles on the subject. The results of the study revealed an increase in the number of medical malpractice cases. Results also revealed that some medical practitioners are using the defenses available in medical malpractice lawsuit to evade penalties. The study emphasizes on ways in which physicians can avoid malpractice by way of precautionary measures.
The Lawsuit of Medical Malpractice
Introduction
Medical malpractice is a precise kind of negligence defined as an act of omission by a physician during treatment of a patient that departs from accepted standards of practice in the health sector and causes an injury to the patient (Bal, 2009). In the last decade, medical malpractice has increased in Europe to double-digit percentage i.e. >50% in Eastern States, Great Britain and the Baltic, a maximum three-digit percentage i.e. 200-500% in Mediterranean area, Germany, the Iberian countries and Italy. France and Scandinavian counties have seen reduction in malpractice because of simplification of procedures and exemplary innovations.
The Special Eurobarometer on Medical Error in 2006 revealed that 80% of EU citizens view medical error as a key issue and close to 50% believed they would be tangled in a case of medical malpractice. This revealed that the public has become aware that claims of medical malpractice against health practitioners can be successful. In Sweden and Denmark between 2005-2010, the ratio of approval for compensatory claims rose to 40%, the average settlement of around €30,000 per case in EU countries. The European Hospital and Healthcare Federation Standing Committee estimates cost of coverage to be in excess of 200%. Costs fluctuated between 9 and 15 euros per capita with Britain exhibiting the highest figures (Ferrara, 2013).
Elements of a Medical Malpractice Lawsuit
The burden of proof in a Medical Malpractice Lawsuit lays on the plaintiff. The plaintiff needs to prove all the elements of medical malpractice in order to stand chance of success in a courtroom.
Existence of physician-patient relationship. Breach of duty of cared owed to patient by physician. Duty upheld at a professional standard of care. Duty of the physician to the patient established by the relationship. Patient sust.
Running Head MEDICAL MALPRACTICE LAWSUIT1 MEDICAL MALPRACTICE .docx
Running Head: MEDICAL MALPRACTICE LAWSUIT 1
MEDICAL MALPRACTICE LAWSUIT 5
Term Paper “The Lawsuit of Medical Malpractice”
Marilyn Diaz
Professor George Ackerman
PLA4522 Health Care Law
July 17th, 2019
Abstract
This paper explores “Medical Malpractice” in the field of law in detailed explanation. The paper begins with an introduction to medical malpractice giving statistics and data. Data from the European Union is used to give a detailed illustration. The introduction is followed by elements of medical malpractice lawsuit, defenses to a medical malpractice lawsuit, ways of avoiding a medical malpractice lawsuit and the policy of medical insurance. The method used to gather information was reading of various articles on the subject. The results of the study revealed an increase in the number of medical malpractice cases. Results also revealed that some medical practitioners are using the defenses available in medical malpractice lawsuit to evade penalties. The study emphasizes on ways in which physicians can avoid malpractice by way of precautionary measures.
The Lawsuit of Medical Malpractice
Introduction
Medical malpractice is a precise kind of negligence defined as an act of omission by a physician during treatment of a patient that departs from accepted standards of practice in the health sector and causes an injury to the patient (Bal, 2009). In the last decade, medical malpractice has increased in Europe to double-digit percentage i.e. >50% in Eastern States, Great Britain and the Baltic, a maximum three-digit percentage i.e. 200-500% in Mediterranean area, Germany, the Iberian countries and Italy. France and Scandinavian counties have seen reduction in malpractice because of simplification of procedures and exemplary innovations.
The Special Eurobarometer on Medical Error in 2006 revealed that 80% of EU citizens view medical error as a key issue and close to 50% believed they would be tangled in a case of medical malpractice. This revealed that the public has become aware that claims of medical malpractice against health practitioners can be successful. In Sweden and Denmark between 2005-2010, the ratio of approval for compensatory claims rose to 40%, the average settlement of around €30,000 per case in EU countries. The European Hospital and Healthcare Federation Standing Committee estimates cost of coverage to be in excess of 200%. Costs fluctuated between 9 and 15 euros per capita with Britain exhibiting the highest figures (Ferrara, 2013).
Elements of a Medical Malpractice Lawsuit
The burden of proof in a Medical Malpractice Lawsuit lays on the plaintiff. The plaintiff needs to prove all the elements of medical malpractice in order to stand chance of success in a courtroom.
Existence of physician-patient relationship. Breach of duty of cared owed to patient by physician. Duty upheld at a professional standard of care. Duty of the physician to the patient established by the relationship. Patient sust.
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability
Introduction: Strict liability, or liability without fault, is a category of unintentional torts
in which the wrongdoer may be held liable for harm to others even when exercising
utmost care and being as careful as possible. Strict liability applies to (1) abnormally
dangerous activities. Abnormally dangerous activities are those that involve a high risk
of serious harm to persons or property that cannot be completely eliminated even with
reasonable care, such as using and storing explosives, stunt flying, keeping wild
animals, and trespassing livestock.
Product Liability**
Introduction: Product liability, sometimes called strict product liability refers to cases in
which a person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Please also see Instructor Notes link in week 2 for further details and explanation of
product liability.
**Strict product liability is often confused with the separate common law tort of strict
liability, sometimes referred to as “liability without fault”. Strict liability applies only to a
small category of abnormally dangerous activities, such as use of explosives, fireworks,
and stunt flying. Please see section above.
Warranties and Product Liability
Introduction: A warranty is a promise, or guarantee, by a seller or lessor that certain
facts are true of the goods being sold or leased. Types of warranties include (1)
warranties of title guaranteeing that the goods have clear and valid title, (2) express
warranties promising specific facts about the goods, and (3) implied warranties of
merchantability, or fitness for a particular purpose. A warranty creates a legal duty for
the seller or lessor; a non-breaching party can recover damages for breach of
warranty(ies). Because warranties are associated with the sale or lease of products,
breach of warranty claims are a part of product liability claims and manufacturers and
sellers of goods can be held liable for breach of warranty for defective products.
Warranties are subject to regulation under the UCC, product liability tort law, contract
law, and the Magnuson-Moss Warranty Act.
Product Liability**
Product liability, sometimes called strict product liability refers to cases in which a
person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Definitions of a Defective Product in Product Liability
Products may become defective because of:
1) defective manufacture (so the product is "broken", not perfectly made, i.e., a product
is manufactured so that the electric wiring is improperly made/attached, etc. and may
cause a fire or cause elect.
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability
Introduction: Strict liability, or liability without fault, is a category of unintentional torts
in which the wrongdoer may be held liable for harm to others even when exercising
utmost care and being as careful as possible. Strict liability applies to (1) abnormally
dangerous activities. Abnormally dangerous activities are those that involve a high risk
of serious harm to persons or property that cannot be completely eliminated even with
reasonable care, such as using and storing explosives, stunt flying, keeping wild
animals, and trespassing livestock.
Product Liability**
Introduction: Product liability, sometimes called strict product liability refers to cases in
which a person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Please also see Instructor Notes link in week 2 for further details and explanation of
product liability.
**Strict product liability is often confused with the separate common law tort of strict
liability, sometimes referred to as “liability without fault”. Strict liability applies only to a
small category of abnormally dangerous activities, such as use of explosives, fireworks,
and stunt flying. Please see section above.
Warranties and Product Liability
Introduction: A warranty is a promise, or guarantee, by a seller or lessor that certain
facts are true of the goods being sold or leased. Types of warranties include (1)
warranties of title guaranteeing that the goods have clear and valid title, (2) express
warranties promising specific facts about the goods, and (3) implied warranties of
merchantability, or fitness for a particular purpose. A warranty creates a legal duty for
the seller or lessor; a non-breaching party can recover damages for breach of
warranty(ies). Because warranties are associated with the sale or lease of products,
breach of warranty claims are a part of product liability claims and manufacturers and
sellers of goods can be held liable for breach of warranty for defective products.
Warranties are subject to regulation under the UCC, product liability tort law, contract
law, and the Magnuson-Moss Warranty Act.
Product Liability**
Product liability, sometimes called strict product liability refers to cases in which a
person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Definitions of a Defective Product in Product Liability
Products may become defective because of:
1) defective manufacture (so the product is "broken", not perfectly made, i.e., a product
is manufactured so that the electric wiring is improperly made/attached, etc. and may
cause a fire or cause elect.
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdf
Embs v. Pepsi-Cola Bottling Co. of Lexington Kentucky
Jukowsky, J. On the afternoon of July 25, 1970 plaintiff-appellant entered the self-service retail
store operated by the defendant-appellee, Stampers Cash Market, Inc., for the purpose of buying
soft drinks for the kids. She went to an upright soft drink cooler, removed five bottles and placed
them in a carton. Unnoticed by her, a carton of Seven-Up was sitting on the floor at the edge of
the produce counter about one foot from where she was standing. As she turned away from the
cooler she heard an explosion that sounded like a shotgun. When she looked down she saw a
gash in her leg, pop on her leg, green pieces of a bottle on the floor and the Seven-Up carton in
the midst of the debris. She did not kick or otherwise come into contact with the carton of Seven-
Up prior to the explosion. Her son, who was with her, recognized the green pieces of glass as
part of a Seven-Up bottle.
She was immediately taken to the hospital by Mrs. Stamper, a managing agent of the store. Mrs.
Stamper told her that a Seven-Up bottle had exploded and that several bottles had exploded that
week. Before leaving the store Mrs. Stamper instructed one of her children to clean up the mess.
Apparently, all of the physical evidence went out with the trash. The location of the Seven-Up
carton immediately before the explosion was not a place where such items were ordinarily kept.
* * *
When she rested her case, the defendants-appellees moved for a directed verdict in their favor.
The trial court granted the motion on the grounds that the doctrine of strict product liability in
tort does not extend beyond users and consumers and that the evidence was insufficient to permit
an inference by a reasonably prudent man that the bottle was defective or if it was, when it
became so.
In [Citation] we adopted the view of strict product liability in tort expressed in Section 402 A of
the American Law Institutes Restatement of Torts 2d.
[The court sets out Section 402A of the Restatement, Second, of Torts, as presented in the text
above One who sells any product in a defective condition. . . , etc.]
Comment f on that section makes it abundantly clear that this rule applies to any person engaged
in the business of supplying products for use or consumption, including any manufacturer of
such a product and any wholesale or retail dealer or distributor.
Comment c points out that on whatever theory, the justification for the rule has been said to be
that the seller, by marketing his product for use and consumption, has undertaken and assumed a
special responsibility toward any member of the consuming public who may be injured by it; that
the public has the right to, and does expect, that reputable sellers will stand behind their goods;
that public policy demands that the burden of accidental injuries caused by products intended for
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Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai ...
Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai.
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Running Head MEDICAL MALPRACTICE LAWSUIT1 MEDICAL MALPRACTICE .docx
Running Head: MEDICAL MALPRACTICE LAWSUIT 1
MEDICAL MALPRACTICE LAWSUIT 5
Term Paper “The Lawsuit of Medical Malpractice”
Marilyn Diaz
Professor George Ackerman
PLA4522 Health Care Law
July 17th, 2019
Abstract
This paper explores “Medical Malpractice” in the field of law in detailed explanation. The paper begins with an introduction to medical malpractice giving statistics and data. Data from the European Union is used to give a detailed illustration. The introduction is followed by elements of medical malpractice lawsuit, defenses to a medical malpractice lawsuit, ways of avoiding a medical malpractice lawsuit and the policy of medical insurance. The method used to gather information was reading of various articles on the subject. The results of the study revealed an increase in the number of medical malpractice cases. Results also revealed that some medical practitioners are using the defenses available in medical malpractice lawsuit to evade penalties. The study emphasizes on ways in which physicians can avoid malpractice by way of precautionary measures.
The Lawsuit of Medical Malpractice
Introduction
Medical malpractice is a precise kind of negligence defined as an act of omission by a physician during treatment of a patient that departs from accepted standards of practice in the health sector and causes an injury to the patient (Bal, 2009). In the last decade, medical malpractice has increased in Europe to double-digit percentage i.e. >50% in Eastern States, Great Britain and the Baltic, a maximum three-digit percentage i.e. 200-500% in Mediterranean area, Germany, the Iberian countries and Italy. France and Scandinavian counties have seen reduction in malpractice because of simplification of procedures and exemplary innovations.
The Special Eurobarometer on Medical Error in 2006 revealed that 80% of EU citizens view medical error as a key issue and close to 50% believed they would be tangled in a case of medical malpractice. This revealed that the public has become aware that claims of medical malpractice against health practitioners can be successful. In Sweden and Denmark between 2005-2010, the ratio of approval for compensatory claims rose to 40%, the average settlement of around €30,000 per case in EU countries. The European Hospital and Healthcare Federation Standing Committee estimates cost of coverage to be in excess of 200%. Costs fluctuated between 9 and 15 euros per capita with Britain exhibiting the highest figures (Ferrara, 2013).
Elements of a Medical Malpractice Lawsuit
The burden of proof in a Medical Malpractice Lawsuit lays on the plaintiff. The plaintiff needs to prove all the elements of medical malpractice in order to stand chance of success in a courtroom.
Existence of physician-patient relationship. Breach of duty of cared owed to patient by physician. Duty upheld at a professional standard of care. Duty of the physician to the patient established by the relationship. Patient sust.
Running Head MEDICAL MALPRACTICE LAWSUIT1 MEDICAL MALPRACTICE .docx
Running Head: MEDICAL MALPRACTICE LAWSUIT 1
MEDICAL MALPRACTICE LAWSUIT 5
Term Paper “The Lawsuit of Medical Malpractice”
Marilyn Diaz
Professor George Ackerman
PLA4522 Health Care Law
July 17th, 2019
Abstract
This paper explores “Medical Malpractice” in the field of law in detailed explanation. The paper begins with an introduction to medical malpractice giving statistics and data. Data from the European Union is used to give a detailed illustration. The introduction is followed by elements of medical malpractice lawsuit, defenses to a medical malpractice lawsuit, ways of avoiding a medical malpractice lawsuit and the policy of medical insurance. The method used to gather information was reading of various articles on the subject. The results of the study revealed an increase in the number of medical malpractice cases. Results also revealed that some medical practitioners are using the defenses available in medical malpractice lawsuit to evade penalties. The study emphasizes on ways in which physicians can avoid malpractice by way of precautionary measures.
The Lawsuit of Medical Malpractice
Introduction
Medical malpractice is a precise kind of negligence defined as an act of omission by a physician during treatment of a patient that departs from accepted standards of practice in the health sector and causes an injury to the patient (Bal, 2009). In the last decade, medical malpractice has increased in Europe to double-digit percentage i.e. >50% in Eastern States, Great Britain and the Baltic, a maximum three-digit percentage i.e. 200-500% in Mediterranean area, Germany, the Iberian countries and Italy. France and Scandinavian counties have seen reduction in malpractice because of simplification of procedures and exemplary innovations.
The Special Eurobarometer on Medical Error in 2006 revealed that 80% of EU citizens view medical error as a key issue and close to 50% believed they would be tangled in a case of medical malpractice. This revealed that the public has become aware that claims of medical malpractice against health practitioners can be successful. In Sweden and Denmark between 2005-2010, the ratio of approval for compensatory claims rose to 40%, the average settlement of around €30,000 per case in EU countries. The European Hospital and Healthcare Federation Standing Committee estimates cost of coverage to be in excess of 200%. Costs fluctuated between 9 and 15 euros per capita with Britain exhibiting the highest figures (Ferrara, 2013).
Elements of a Medical Malpractice Lawsuit
The burden of proof in a Medical Malpractice Lawsuit lays on the plaintiff. The plaintiff needs to prove all the elements of medical malpractice in order to stand chance of success in a courtroom.
Existence of physician-patient relationship. Breach of duty of cared owed to patient by physician. Duty upheld at a professional standard of care. Duty of the physician to the patient established by the relationship. Patient sust.
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability
Introduction: Strict liability, or liability without fault, is a category of unintentional torts
in which the wrongdoer may be held liable for harm to others even when exercising
utmost care and being as careful as possible. Strict liability applies to (1) abnormally
dangerous activities. Abnormally dangerous activities are those that involve a high risk
of serious harm to persons or property that cannot be completely eliminated even with
reasonable care, such as using and storing explosives, stunt flying, keeping wild
animals, and trespassing livestock.
Product Liability**
Introduction: Product liability, sometimes called strict product liability refers to cases in
which a person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Please also see Instructor Notes link in week 2 for further details and explanation of
product liability.
**Strict product liability is often confused with the separate common law tort of strict
liability, sometimes referred to as “liability without fault”. Strict liability applies only to a
small category of abnormally dangerous activities, such as use of explosives, fireworks,
and stunt flying. Please see section above.
Warranties and Product Liability
Introduction: A warranty is a promise, or guarantee, by a seller or lessor that certain
facts are true of the goods being sold or leased. Types of warranties include (1)
warranties of title guaranteeing that the goods have clear and valid title, (2) express
warranties promising specific facts about the goods, and (3) implied warranties of
merchantability, or fitness for a particular purpose. A warranty creates a legal duty for
the seller or lessor; a non-breaching party can recover damages for breach of
warranty(ies). Because warranties are associated with the sale or lease of products,
breach of warranty claims are a part of product liability claims and manufacturers and
sellers of goods can be held liable for breach of warranty for defective products.
Warranties are subject to regulation under the UCC, product liability tort law, contract
law, and the Magnuson-Moss Warranty Act.
Product Liability**
Product liability, sometimes called strict product liability refers to cases in which a
person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Definitions of a Defective Product in Product Liability
Products may become defective because of:
1) defective manufacture (so the product is "broken", not perfectly made, i.e., a product
is manufactured so that the electric wiring is improperly made/attached, etc. and may
cause a fire or cause elect.
Common Law Strict Liability Introduction Strict liabilit.docx
Common Law Strict Liability
Introduction: Strict liability, or liability without fault, is a category of unintentional torts
in which the wrongdoer may be held liable for harm to others even when exercising
utmost care and being as careful as possible. Strict liability applies to (1) abnormally
dangerous activities. Abnormally dangerous activities are those that involve a high risk
of serious harm to persons or property that cannot be completely eliminated even with
reasonable care, such as using and storing explosives, stunt flying, keeping wild
animals, and trespassing livestock.
Product Liability**
Introduction: Product liability, sometimes called strict product liability refers to cases in
which a person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Please also see Instructor Notes link in week 2 for further details and explanation of
product liability.
**Strict product liability is often confused with the separate common law tort of strict
liability, sometimes referred to as “liability without fault”. Strict liability applies only to a
small category of abnormally dangerous activities, such as use of explosives, fireworks,
and stunt flying. Please see section above.
Warranties and Product Liability
Introduction: A warranty is a promise, or guarantee, by a seller or lessor that certain
facts are true of the goods being sold or leased. Types of warranties include (1)
warranties of title guaranteeing that the goods have clear and valid title, (2) express
warranties promising specific facts about the goods, and (3) implied warranties of
merchantability, or fitness for a particular purpose. A warranty creates a legal duty for
the seller or lessor; a non-breaching party can recover damages for breach of
warranty(ies). Because warranties are associated with the sale or lease of products,
breach of warranty claims are a part of product liability claims and manufacturers and
sellers of goods can be held liable for breach of warranty for defective products.
Warranties are subject to regulation under the UCC, product liability tort law, contract
law, and the Magnuson-Moss Warranty Act.
Product Liability**
Product liability, sometimes called strict product liability refers to cases in which a
person is injured by a product, or use of a product because the product is
defective in some way. When a product is defective it may become abnormally
dangerous although the product, when not defective, may be safe.
Definitions of a Defective Product in Product Liability
Products may become defective because of:
1) defective manufacture (so the product is "broken", not perfectly made, i.e., a product
is manufactured so that the electric wiring is improperly made/attached, etc. and may
cause a fire or cause elect.
Embs v. Pepsi-Cola Bottling Co. of Lexington KentuckyJukowsky, J. .pdf
Embs v. Pepsi-Cola Bottling Co. of Lexington Kentucky
Jukowsky, J. On the afternoon of July 25, 1970 plaintiff-appellant entered the self-service retail
store operated by the defendant-appellee, Stampers Cash Market, Inc., for the purpose of buying
soft drinks for the kids. She went to an upright soft drink cooler, removed five bottles and placed
them in a carton. Unnoticed by her, a carton of Seven-Up was sitting on the floor at the edge of
the produce counter about one foot from where she was standing. As she turned away from the
cooler she heard an explosion that sounded like a shotgun. When she looked down she saw a
gash in her leg, pop on her leg, green pieces of a bottle on the floor and the Seven-Up carton in
the midst of the debris. She did not kick or otherwise come into contact with the carton of Seven-
Up prior to the explosion. Her son, who was with her, recognized the green pieces of glass as
part of a Seven-Up bottle.
She was immediately taken to the hospital by Mrs. Stamper, a managing agent of the store. Mrs.
Stamper told her that a Seven-Up bottle had exploded and that several bottles had exploded that
week. Before leaving the store Mrs. Stamper instructed one of her children to clean up the mess.
Apparently, all of the physical evidence went out with the trash. The location of the Seven-Up
carton immediately before the explosion was not a place where such items were ordinarily kept.
* * *
When she rested her case, the defendants-appellees moved for a directed verdict in their favor.
The trial court granted the motion on the grounds that the doctrine of strict product liability in
tort does not extend beyond users and consumers and that the evidence was insufficient to permit
an inference by a reasonably prudent man that the bottle was defective or if it was, when it
became so.
In [Citation] we adopted the view of strict product liability in tort expressed in Section 402 A of
the American Law Institutes Restatement of Torts 2d.
[The court sets out Section 402A of the Restatement, Second, of Torts, as presented in the text
above One who sells any product in a defective condition. . . , etc.]
Comment f on that section makes it abundantly clear that this rule applies to any person engaged
in the business of supplying products for use or consumption, including any manufacturer of
such a product and any wholesale or retail dealer or distributor.
Comment c points out that on whatever theory, the justification for the rule has been said to be
that the seller, by marketing his product for use and consumption, has undertaken and assumed a
special responsibility toward any member of the consuming public who may be injured by it; that
the public has the right to, and does expect, that reputable sellers will stand behind their goods;
that public policy demands that the burden of accidental injuries caused by products intended for
consumption be placed upon those who market them, and be treated as a cost of production
against which liabil.
Dental Jurisprudence
A lecture delivered to the undergraduate dental students of College of Medicine, University of Ibadan in Dental Public Health
Indemnification in the Clinical Study Setting
Outline of remarks at the DIA Good Clinical Practice Conference, Tucson, Arizona, January 2001 (pre-PowerPoint days).
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Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai ...
Chapter Twelve Product and Service Liability LawWhen consumers ent.docx
Chapter Twelve Product and Service Liability Law
When consumers enter a store to purchase a product, they assume that the product will do the job the manufacturer claims it will do without injuring anyone, and the consumer may not be aware that each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.1 Deaths, injuries, and property damage from consumer products incidents cost the nation more than $700 billion annually.2 Estimates of the number of resultant product liability cases range as high as 1 million a year. Also, the verdicts for defective-product or product liability cases are increasing from year to year. The total of the five largest awards for product defect cases in 2009 was 52 percent larger than the total in 2008. In fact, the largest award from a 2009 product defect case amounted to around $300 million, from the Philip Morris tobacco case. Also, in 2008, only 1 of the 50 largest awards were the result of a verdict in a product defect case, but in 2009, 5 of the 50 largest judgments were awarded in product defect cases.3
1 U.S. Department of Safety, http://www.yourlegalguide.com/defective-product-deaths/.
2 U.S. Consumer Product Safety Commission, www.cpsc.gov/about/about.html (accessed July 27, 2007).
3 John Cord, Product Liability Statistics & Trends, 2010. http://www.drugrecalllawyerblog.com /2010/01/product_liability_statistics_t.html.
Consequently, today’s businessperson is likely to become involved in some aspect of product liability litigation. This chapter discusses the most significant aspects of this area of law, known as product liability, to help the student function as a prudent consumer and businessperson.
Product liability law developed out of tort law, discussed in Chapter 10. This chapter begins by introducing the three primary theories of recovery in product liability cases and the defenses raised in such cases. These sections are followed by an introduction to enterprise liability, a concept that has slightly broadened the potential reach of product liability cases. Closely related to product liability is service liability, discussed in the next-to-last section. The final section discusses global implications of product liability law.Critical Thinking About The Law
Manufacturers owe a certain responsibility to consumers. Consumers should be able to reasonably use a product without its causing harm to them or others. After you read the following scenario, answer the critical thinking questions that will enhance your thinking about product liability law.
Katherine purchased a can of hair spray from her local drugstore. When she removed the cap from the hair spray can, the can exploded in her hands. She suffered third-degree burns on her hands and face and was unable to work for three months.
Katherine sued the hair spray manufacturer after she discovered that another woman had suffered an identical accident when using the same brand of hai.
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Quiz show -torts
- 1. Question and Answer Donna M. Kesot, CPCU
- 2. A wrongful death action is the same category as a claim for bodily injury TRUE or FALSE? Wrongful death damages vary with the relationship of the deceased to the claimant
- 3. Products liability can be based on negligence, strict liability, or both.
- 4. What is the failure to conform to the standard of care required in the situation?
- 5. Particular damages/out-of-pocket damages? Special damages are incurred costs, the real and necessary expenses like hospital and doctor’s bills. Versus General damages (direct and necessary damages) include things like pain and suffering, disfigurements; loss of limb, sight, or hearing; as well as emotional distress.
- 6. Elements of negligence Negligence is an unintentional tort. The defendant owns the burden to prove defenses which can include comparative negligence, release and exculpatory clauses, immunity, statutes of limitations and repose, and tortfeasor’s capacity.
- 7. Manufacturer duty with inherent danger Know degree of danger Knowledge of danger Foreseeability of dangerous use All of the above All but C.
- 8. Match the manufacturer defense: State of the Art Plaintiff voluntarily took on risk of harm Open & Obvious Danger 3rd parities do not create liability Alteration of product Tied to time the product was made Compliance with statutes/regulations No duty to warn Assumption of risk Not conclusive defense