negligence or strict liability, and the defenses the manufactor might have.?

Question by jollypop30: negligence or strict liability, and the defenses the manufactor might have.?

Playworld Systems Recalls Swing Sets Due to Fall Hazard Caused by Defective Clevises
The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed.

Name of Product: Playground Swing Sets

Units: About 17,300

Manufacturer: Playworld Systems Inc., of Lewisburg, Pa.

Hazard: The clevis bearing on the swing set can wear, causing the swing to detach and the user to fall.

Incidents/Injuries: No incidents or injuries have been reported.

Best answer:

Answer by MenifeeManiac
Strict liability is usually reserved for products that have a high level of danger inherent in its use, such as dynamite.

You have a case of products liability negligence, based upon a design defect.

However, the company has issued warnings concerning the problems associated with the product’s use.

If there are no injuries or incidents prior to the notice, than anyone who uses the product with the notice given is using the product, as unmodified, may be acting negligently himself.

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Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability?

Question by heavens d: Assume that you are suing the manufacturer. Discuss for which tort you would sue: negligence, strict liability?

Product: Arizona Newborn and Infant Denim Pants

According to the United States Consumer Product Safety Commission(CPSC). A product recall had been released on November 25, 2008, Release #09-056 that a recall on J C Penney Co Arizona Newborn and Infant Denim Pants manufactured in Bangladesh in sizes from 0-9 months were found to be hazardous because the metal snap at the waist could detach posing a choking hazard to infants. The recall involves Arizona brand newborn and infant girls and boy’s denim pants. Only those pants made in Bangladesh are affected; pants made in China are not included in the recall. There have not been any Incidents/Injuries reported thus far

Best answer:

Answer by meeomyo
Neither they spotted the problem before it became an issue and have tried to correct it.I see no basis for a law suit.

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