LEG –100 – Week 4 Discussion – Negligence and Product Liability

LEG –100 – Week 4 Discussion – Negligence and Product Liability

Part 1

Negligence and product liability are two of our main topics for this week. Negligence is an unintentional tort because it happens by accident. Product liability arises when one is injured by a defective product.

Consider the scenarios below. Choose one and determine if it describes negligence or product liability. Explain your answer and be sure to discuss the elements of any claims that may arise. Daisy is driving in her car when her phone chimes. She picks up her phone and sees a text from her friend. While responding to the text, Daisy runs a red light and causes an accident. Janet just moved from Florida to Minnesota and is enjoying the scenery of a beautiful snowfall when she sees a person slip and fall on the ice on the sidewalk in front of her house. Larry is a lumberjack. He decides to purchase a new chainsaw. The first time Larry uses the chainsaw, the product malfunctions and Larry is injured.

Part 2

Respond to other classmate’s post (Cory Gofo.).

Hello classmates and professor,

I have chosen the scenario where Daisy is driving the car and causes an accident because she checked her phone and ran a red light. This is an example of negligence. Negligence occurs when someone fails to take reasonable care to avoid causing injury or loss to another person. To establish a claim of negligence, the following elements must be proven:

1. Duty of Care: The defendant (Daisy) owed a duty of care to the plaintiff (other drivers and pedestrians on the road). Drivers have a legal obligation to operate their vehicles safely and follow traffic laws.

2. Breach of Duty: The defendant breached that duty by acting in a manner that a reasonably prudent person would not. In this case, Daisy breached her duty of care by using her phone while driving, which is generally considered unsafe and illegal.

3. Causation: The breach of duty must have caused the plaintiff’s injuries. Here, Daisy’s distraction from texting directly led to her running the red light and causing the accident.

4. Damages: The plaintiff must have suffered actual harm or injury as a result of the defendant’s actions. In this scenario, any injuries or property damage resulting from the accident would constitute damages.

Product liability, on the other hand, involves holding a manufacturer or seller responsible for placing a defective product into the hands of a consumer. It does not apply here because the accident was not caused by a defect in Daisy’s phone or car, but by her own actions.

In summary, this situation is a clear case of negligence because Daisy failed to exercise reasonable care by texting while driving, leading to an accident.