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In: Business and Management

Submitted By dcarvin2010
Words 860
Pages 4
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?

In the case of Branham v. Ford Motor Co., the Plaintiff brought the case against Hale, the driver, and Ford because the company failed to test the seat-belt sleeve, even though he did not "seriously pursue the claim against Hale" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). The case against Ford was based on "two product liability claims: one for not testing the seat belt and the other a design defect claim related to the vehicles tendency to rollover" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). Branham alleged in his case that "Ford was negligent and strictly liable in failing to effectively test the sleeve" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). However, the trial court "dismissed the strict liability claim on the grounds that the seatbelt sleeve was not a as a matter of law in a defective condition unreasonably dangerous to the user at the time of manufacture" (Reed, Pagnattaro, Cahoy, Shedd & Morehead, 2012). This meant that Ford could be held accountable for any injuries sustained to the buyer, but did not stipulate that the person injured had to prove that the manufacturer was negligent.

2) It is often said that product liability causes of action, especially negligence and strict liability, are coming together or merging. Discuss this idea in light of the South Carolina Supreme Court's decision.

In product liability causes of action, it is apparent that negligence and strict liability are coming together. In light of the South Carolina Supreme Court's decision, both negligence and strict liability had common elements and Ford argued that since the trial court dismissed the strict liability claim, its companion "negligence must fail, since all products liability actions are similar (Reed, Pagnattaro,...

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