Visit the United States Consumer Product Safety Commission (Links to an external

Question

Visit the United States Consumer Product Safety Commission (Links to an external site.)Links to an external site. website. Click on “Recalls.” Choose one product that has been recalled. Describe the product subject to recall, including the recall date, recall number, and the reason for the recall. Analyze whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer. Discusses the following in relation to the product recall:

Duty of Care

Standard of Care

Breach of the Duty of Care

Actual Causation Proximate Causation

Actual Injury

Defenses to Negligence

Analyze and apply a relevant consumer protection statute identified under “Consumer Protection” in Chapter 8 of your text in conjunction with the product recall that you have identified. Must address the topic with critical thought.

Explanation / Answer

There cannot be liability of negligence for a product if there are no negligence claims and it is depended on the assumption to the manufacturer and the ones who cannot make use of the product.
When there is effect of negligent tort on the defected product then the claim of negligence does not only stick to the private of the contract. It states that legal action can be taken under it by the party of the contract. The person in this case is the consumer purchaser of the product or a third party that tends to use the product. The claim can be carried by the one who is injured. Manufacturer negligence is not related to taking care of the process of manufacturing, the product not being taken care of, the product design and ignoring the warning dangers of the product. There are other factors like not paying attention to the validity of the test and recalling not done right if the risks of the product become of notice when the product is put into distribution. The liability is not attached to the producer of the product and there can be liability for the parties that complete mechanisms if there is negligence attached to it.

Duty of care is tort law which is legal obligation and it is imposed on a person who wishes to have adherence for reasonable rational. It is considered an important first step that needs to be established for proceeding with the negligence action.
The duty of care should be shown by the petitioner and this should be shown as being violated by the defendant.
There can be subject of liability attached when duty is breached. Duty if care can be imposed for the process of law

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