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Product Liability and Legal Ramifications

In: Business and Management

Submitted By cmbranch511
Words 3293
Pages 14
Product Liability and Legal Ramifications
Christopher M. Branch
MBA 5861 New Product Marketing
08/13/2013

Christopher Branch
MBA 5861 Term 1A
Dr. David Castle
08/13/2013

Product Liability and Legal Ramifications

The next time you walk into a retail store like Wal-Mart, Target, Home Depot, Office Depot, Babies R’ Us/Toy R’ Us, you will see a board, typically in plain sight of the viewing public, with sheets of papers titled “Product Recall” or Safety Recall or something of the like. Recalled items run the gamut of consumers good and are generally recalled because of a safety or health concerns. The Food and Drug Administration regularly issues recalls or public safety notices for Medical Products, Pharmaceuticals, Tobacco, and contaminated food items. Product Liability is the responsibility of manufacturers, distributors and sellers, they are expected to act in the best interest of the public; to deliver a product free of defects which can harm an individual or persons; and to make good on that responsibility if their products are defective. These can include faulty auto brakes, contaminated baby food, exploding bottles of beer, flammable children's pajamas, or lack of label warnings. The key element in products liability law is that a person who suffers harm from a product need not prove negligence, since the negligence is "presumed" and the result is "strict liability" (absolute responsibility) on the seller, distributor and manufacturer. An injured person usually need only sue the seller and let him/her/it bring the manufacturer or distributor into the lawsuit or require contribution toward a judgment. (Gerald Hill, et al 2002). In the following paragraphs we will discuss and analyze the different types of product liability, regulatory bodies involved in product recalls and or safety, legal issues regarding product liability and ramifications

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