PRODUCT LIABILITY ON GENERAL MOTORS Product liability is defined as a law in which the manufacturer or seller of a product can be held responsible for providing the customer with defective products that causes injury or undesirable side effects to the consumer. The manufacturer is responsible for the causes of defect or danger caused by the products they sell, hence the product must meet the ordinary expectations of the consumer. There are three types of product liability claims: 1. Manufacturing defect: this type of claim is due to defect in manufacturing process or some error with the workmanship. 2. Design Defect: this claim is due to defective design and not due to the error or mishap in manufacturing process. 3. Failure to provide warning: the third type of product liability is due to failure to provide adequate warning or instructions about the product’s proper use. This usually involves product that is dangerous and which requires caution to be exercised when using it. Case: Moyer v. General Motors …show more content…
The State trooper was involved in pursuit of another vehicle when his squad car lost a hubcap. He obtained a replacement and tried to install, but during the process he injured himself. When he was trying to replace the hubcap, an air valve was wedged under the hubcap. While he tried to free the air valve, he sliced his finger to the bone on the razor sharp inner edge of the hubcap. This injury developed into Complex Regional Pain Syndrome (CRPS) which caused the bones and skin of his right hand to twist and wrap into a claw-like appendage. As a police officer is required to be physically fit and able to use both hands, Moyer has lost his
The case was heard in District Court and the respondents’ motion
This states that in a premises liabilities claim, it is the duty of the owner, possessor, or occupier of the land who would be the defendant, which would be responsible for injuries on his property. The premises can be “loaned” to another party which would absolve the owner of
The case of Tammy Lou Fontenot v. Taser International, Inc. was about a wrongful death case named Darryl Tuner, a 17-year-old male employed by a grocery store. Darryl was fired for “insubordination” and refused to leave the grocery store. Police were called, and eventually used a Taser in order to take him into custody. Turner died as a result of the Taser being delivered to Turner’s body. Tammy Lou Fontenot filed suit against the City of Charlotte and Taser International seeking money damages for the alleged wrongful death of Darryl Turner.
Holding: (What rule, definition or standard did the court use to resolve the dispute?) Kirkpatricks ' complaint against Transamerica Insurance Company adequately states a cause of action, in which the court reversed the lower courts decision and remanded the case for further proceedings consistent with the appellate courts
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
They settled the issue with a financial settlement there was never a proper case. The agreement of the financial settlement was 350,000
Deals Co. v. Mainland Motors Corp., 40 Mich. Application. 270, 198 N.W.2d 757 (1972) (defendant corporation which allegedly did not honor agreement had burden of raising statute of frauds
Paul Walker’s 16-year-old daughter, Meadow Walker, has filed a wrongful death lawsuit against Porsche following her dad’s November 30, 2013, death in Valencia, California. According to the lawsuit, obtained by Us Weekly, Meadow’s lawyers claim that Paul died after being trapped inside the 2005 Carrera GT he was riding in alongside friend Roger Rodas. "It is with great reluctance that Meadow Walker has authorized the filing of this lawsuit on her own behalf and as heir to Paul Walker 's estate," her attorney, Jeff Milam, said in a statement to Us. According to the documents, Walker’s seat belt "snapped Walker 's torso back with thousands of pounds of force, thereby breaking his ribs and pelvis." It trapped him in the passenger seat after
Name: Patel Mukeshkumar Paper # JANET M. TURNER, Appellant v. HERSHEY CHOCOLATE USA Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant’s essential accommodation claim went to trial, but court excluded evidence regarding disability.
Nordstrom: Dissension in the Ranks (A) 1. What is the cause of the problems described in the case? How serious are these problems? Nordstrom’s labor practices came under scrutiny after several employee grievances, union allegations and court suits claimed that Nordstrom was not paying the employees for the full amount of time that they were working at the company. Sales Per Hour (SPH) was at the core of these problems.
There was an experience where a nurse was assigned to him and she gave him hundred percent attention and took complete care of him. She kept him relaxed, communicated on a personal level and listened to him. Consequently, as we discussed earlier, this has improved Mr.Taylor’s experience. Key facilitators for Mr. Taylor’s health care experience Mr.Taylor is generally satisfied with the health care provided by the dp clinic chosen by him. The surgeon he visited was brutally honest with him which helped Mr.Taylor understand the seriousness of the injury.
I. INTRODUCTION In law of torts, there are many defences which the defendant can use against the plaintiff, when sued for specific torts. Negligence which is one of the most important tort has mainly three defences, namely, a) Contributory Negligence, b) Volenti fit non injuria, c) Ex turpi causa non oritur action.
Hey Winston, Yes physical abilities are mandatory in law enforcement and particularly when dealing with guilty parties. One must have the capacity to move for his wellbeing and the security of others. Certain prerequisites like reloading a weapon in a shootout may be a troublesome assignment for a man with an inability of one hand. They may have the capacity to breeze through the shooting test in training course where it is less stressful, yet fail in a real life situation involving shooting. They may hot have the physical, quality expected to complete the test close
Some examples are: the length of a piece out of specification, an error in the insurance policy, a poorly formulated prescription, loss of a reservation or a bad revised document. • Defect per opportunity: it is the possibility that a product or service has a failure or