Product liability presentation
Transcript of Product liability presentation
PRODUCT LIABILITY
HAI HA, HoangQUAN, Ngo DucTRUNG, Le Quang
Outline
1, Introduction2, Theory of product liability3, Types of liability4, Breach of warranty5, Neglience 6, Strict liability7, Consumer protection8, Applied Case: MacDonald’s coffee lawsuit.
Introduction
• Putting defective products into marketplace• Assume liability for injuries that product cause
Theories of Product Liability
Four different theories:
• Neglience• Breach of warranty• Strict liability• Consumer protection
Types of liability
Three major types of product liability claims:
• Manufacturing defect
• Design defect
• Marketing defect
Types of liability
• Manufacturing defects: - Occurrence in manufacturing process- Poor-quality materials• Design defects:- Dangerous or useless product design• Marketing defects:- Dangers mitigated through adequate warnings
Breach of warranty
• Express or implied statements by seller• Three types of warranties:+ Breach of an express warranty+ Breach of an implied warranty of merchantability+ Breach of an implied warranty of fitness for a particular purpose
Breach of warranty
• Express warranty: - An affirmation made by manufacturer- Expressed by word spoken or writtent contract• Implied warranty of merchantability:- Standards of quality and reasonable safety• Warranty of fitness for particular purpose:- Particular requirement to select suitable goods
Negligence
Apply to:• Manufaturer, careless defect
• Company, assemble without discover defect
• Vendor, not exercise
Negligence
Persons receive cares:• Initial buyer• Family member• Bystanders• Person, hold from purchasers
Negligence
Company’s duties:• Designs, impected• Adequate warning , directions• Sellers, illegal, safety or charaters.
Strict liability
• Product concentration
• Negligence disadvantage : plantiff, prove, breach under care standard
• Difficult and expensive finding
Consumer protection
• Prohibit unconscionable acts
• Render product itself, not other property
Applied case
The McDonald’s
coffee lawsuit
Product Liability
• What happened?
• McDonald’s Defences
• Conviction.
Legal Result
• McDonald’s was charge of• Product defect• Breach of the implied warranty of
merchantability• Breach of implied warranty of fitness for
particular purpose• Court trial compesation: $2.7 Million• Real compensate: 640,000$
Subsequent Actions
Thank you for you attention !