Product Liability Tort Risk and Responsibility a Essay

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Product Liability Tort

RISK AND RESPONSIBILITY

A tort is a civil wrong, loss or harm inflicted by a person's behavior upon another (LII, 2010). While it is not necessarily an illegal act itself, the law allows the person harmed to recover his loss or receive compensation for the harm. It differs from a crime wherein the person's harmful act affects society in general. A claim of tort may be filed in a civil court. The three main elements of a tort are duty, the breach of that duty, and the injury or harm caused by the breach. The four main types of torts are intentional, negligence, strict liability, and nuisance. One type of negligence torts is products liability (LII).

Products liability can be incurred by any or all of the persons involved in the manufacturing chain of a product for the damage it causes (LII, 2010; Lim, 2012). It may be the manufacturer of the components, the assembling manufacturer, the wholesaler, or the retail store owner. The claimant must prove the defect of the product. The three types of product defect are design, manufacturing and marketing defects. Design defects exist before the product is manufactured. Manufacturing defects occur during the construction or production phase. And marketing defects consist of improper instructions or failure to instruct and warn consumers of potential dangers in the use of the product. The claimant must also show or prove that the product was not altered from the time of purchase or used carelessly or in a way for which it was not intended (LII, Lim).

Violations

The potential tort risks found in the product liability transcript are:

Marketing Defects - Non-Linear Pro-sold the editing system to Quick Takes Video for its video editing use at half the time. Non-Linear Pro-should have known that unless the equipment was digitized, it would not perform that fast.

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The equipment was much cheaper than that of A-Line clearly because it would not function as A-Line equipment would. Another marketing defect is the lack of warning label for the piece of metal, which wounded the finger of Hal's companion. This can be the basis of a claim for personal injury and possible health consequences. The breach of warranty and guarantee that the equipment would run twice as fast are another marketing issues. The resulting loss of productive hours in Quick Takes Video laborers for trying to operate the defective equipment was still another issue. Manufacturing defect -- the insufficiency of the product's memory after only a few minutes' use at high resolution and constant crashes. The system itself is defective. It also has a lot of bugs.

Applying the Risk Management Process

The rationale of Enterprise Risk Management or ERM is well-grounded on facts. These are corporate failures, limited resources and capital;….....

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