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Negligent Tort Paper

In: Business and Management

Submitted By corypete
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Negligent Tort Paper: Black Diamond Climbing Ascenders Recall The Consumer Product Safety Commission (CPSC) has been given the power to seek court injunctions against companies to keep unsafe products from being marketed and to urge companies to remove hazardous products (Pittle, 1976). To avoid negligent torts many companies will do recalls of bad products to remedy whatever the problem may be. Xia Liu, Yong & Ting (2016) states a product recall consists of a replacing or compensating consumers for defective products. Black Diamond Equipment Ltd is an importing and distribution company based out of Salt Lake City Utah. On May 19, 2016, the Black Diamond recalled Index Ascenders for climbing, including manufacturing codes from 4356 to 6015, because of a defect of the Index Ascender’s rivet holding the toothed cam releasing allowing the Ascender to slide on the rope or coming detached from the rope leading to possible injuries or death as a result of falling (U.S. Consumer Product Safety Commission). The recall was for both the right and left versions of the Black Diamond brand Index Ascenders, which are used as rope clamps for rock climbing and mountaineering to prevent falls. There were no reported injuries or deaths but there was a recall on the products urging consumers to stop use of the product and to return it for a free replacement. According to Seaquist (2012), in general most reasonably prudent people abide by laws put in place that impose a duty to not inflict foreseeable injury to others, which is known as the reasonable person standard. Liability for the tort of negligence may arise when someone fails to implement this standard of care. In regards to businesses, when there is negligence that leads to injury or death, a company can be sued for lots of money, lose valuable time, have there image hurt, and in some cases be completely ran out of business.

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