Tort Law and Trident Diving Company an Term Paper

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Tort Law and Trident Diving Company

An item that has been recently recalled by the CPSC is the line of High-Pressure Scuba Diving Air Hoses manufactured by Trident Diving Equipment. In this instance, the item has the propensity to cause drowning in those who use it even when properly installed. Trident has received one report of the hose leaking. No injuries have been reported due to the use of this product, however, if the product had not been recalled immediately after the CPSC received its initial complaint, the manufacturer would have been liable for the eventual drowning deaths of those who unwittingly use the faulty product. According to the American system of tort law, a duty of care is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. In many instances, consumers must be able to prove an act of negligence. Tort law is the preferred tool with which judges, courts and magistrates apportion responsibility for an array of injurious actions, such as breach of contract, dereliction of duty, negligence, defamation of character and neighborly nuisance. In the event that a particular party is found to be liable for unfairly causing the aggrieved party any form of legal injury, tort law typically mandates that damages be recompensed in the form of monetary compensation. This practice has proven especially necessary in instances where a company or corporation neglects to adhere to regulatory statutes, inflicting legal injury on its customer base in the process, by providing ordinary citizens with a direct avenue to petition the court for redress.

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Another primary mandate of the civil court's system of tort law is to discourage individual negligence by holding a person accountable for carelessness, recklessness or inattentiveness in the social realm by requiring an adherence to the standard of reasonable care.

In the instance of High-Pressure Scuba Diving Air Hose sold by Trident Diving Equipment, the manufacturer should have committed to a considerable period of prerelease research, in order to ensure that air was always maintained within the hose. When diving into deep waters, consumers have a reasonable expectation to assume that the hose would not leak or otherwise endanger their safety while diving. Providing consumers with a leaky hose that could potentially result in unsuspecting consumers diving to their deaths could be deemed as a negligent act according to the tort law described above. The claimant must be able to show a duty of care imposed by law which the defendant has breached. According to research reports, the actual causation of the leak was due to faulty materials used in the construction of the hose itself. Again, this could potentially represent an act of negligence on the part of the manufacturer, because Trident Diving Equipment's internal research identified a….....

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