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Product Liability

Every day American consumers purchase products that they feel are beneficial to there development. Where that lies depends on the consumer. However, One underling variable is a constant when it comes to purchasing the product. That variable is whether or not the product is right for them. When the consumer purchases a product, they are liable for whatever mishaps may occur and accidents that may happen. But producers are not completely free from the liability of their product to their consumers. This is where product liability legal issues come from, a segment of the law which has seen its fare share of turmoil and difficulties.

Product liability is the producer's requirement to warn the consumer of and any possible troubles associated with the product. This is usually done with a warning label attached to the product, or is found via flyer form in the instruction manual. Sports and recreational equipment cause serious injuries everyday. There are many reasons for the cause of injury, but most cases of injury are due to product defects. These defects are manufacturing, design, and failure to adequately warn. Besides the product defects, consumers are exposed to other forms of potential mishaps,


In defenses of product liability, the defendant has the immediate advantage by possessing general knowledge about the products technological background. There are two basic approached to a defense. The defendant can deny all the plaintiffs allegations, or it can use special defense aimed at the alleged defect.

Negligence is the understanding that the producer or manufacturer has the responsibility or duty to applicate a reasonable degree of care. Many people fail to realize that a negligence action in not under a duty to insure that its product will not cause injury; rather, the product merely has to be reasonably safe. The most common incidence of negligence is the manufacturers failure to inspect or test a product. Another common incidences of negligence is the defendants failure to sufficiently caution the user of the dangers the defendant knew about. Another is breach of warranty. Studies have shown that the care taken by manufacturers to warrant reasonable process to the consumer has a lot to be desired. From 1982 to 1984 there were 161 deaths and 128,000 injuries caused by ATV's . This lack of duty can be as much to blame for there petulance as it does to their marketing exploits.



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Approximate Word count = 2370
Approximate Pages = 9 (250 words per page double spaced)


  

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