Legal Environment
Visit the U.S. Consumer Product Safety Commission Links to an external site. website. Select “Recalls.†Choose one product that has been recalled.
Describe the product subject to recall, including the recall date, recall number, and the reason for the recall.
Analyze whether the manufacturer or any other parties would be liable for negligence if the product had not been recalled and had caused harm to a consumer. This should include a discussion of the following elements of negligence:
Duty of care
Breach of the duty of care
Actual causation
Proximate causation
Actual injury
Analyze if a potential lawsuit could involve a claim of product liability. How would this differ from a claim of negligence?
Discuss if the manufacturer or any other parties associated with the recall product would have a defense to claim of negligence or product liability.
Analyze a consumer protection statute identified under “Consumer Protection†in Chapter 8 of your text that is relevant to the product recall that you have identified.
Explain how this statute applies to the product involved.
Sample Solution
Product: Peloton Tread+ Treadmill
Recall date: May 5, 2021
Recall number: 21-126
Reason for recall: The Tread+ treadmill can pose a serious risk to children and pets. There have been reports of children and pets being entrapped, pinned, and pulled under the treadmill, resulting in serious injuries or death.
Full Answer Section
Duty of care The manufacturer of the Tread+ treadmill had a duty to design, manufacture, and market a safe product. This duty of care includes taking reasonable steps to identify and eliminate potential hazards. Breach of the duty of care The manufacturer of the Tread+ treadmill breached its duty of care by failing to adequately address the risk of entrapment. The treadmill's design allows for a gap between the belt and the base, which can create a suction hazard. Additionally, the treadmill lacks adequate safety features to prevent children and pets from being pulled under the belt. Actual causation If the Tread+ treadmill had not been recalled and had caused harm to a consumer, the manufacturer could be held liable for negligence. The manufacturer's breach of its duty of care would have been the actual cause of the consumer's injuries. Proximate causation The manufacturer's breach of its duty of care would also be the proximate cause of the consumer's injuries. Proximate causation is a legal term that means that the harm was a foreseeable consequence of the manufacturer's negligence. In this case, it was foreseeable that a child or pet could be entrapped under the treadmill and suffer serious injuries. Actual injury If a consumer had been injured by the Tread+ treadmill, they would have suffered actual injury. Actual injury is a legal term that means that the consumer suffered physical harm or economic loss. Product liability A potential lawsuit against the manufacturer of the Tread+ treadmill could involve a claim of product liability. Product liability is a type of tort law that holds manufacturers liable for injuries caused by defective products. In order to prove product liability, a plaintiff must show that:- The product was defective.
- The defect existed when the product left the manufacturer's control.
- The defect caused the plaintiff's injuries.
- Assumption of the risk: The plaintiff assumed the risk of injury by using the treadmill.
- Contributory negligence: The plaintiff's own negligence contributed to their injuries.
- Statute of limitations: The plaintiff's claim is barred by the statute of limitations.