Assessment of Negligence and Product Liability: A Legal Analysis

This report delves into the legal concepts of negligence and product liability within a business context. It examines the potential legal risks that businesses face, particularly concerning the duty of care and the implications of product-related issues. The report highlights the importance of consumer protection and the potential consequences of failing to meet legal standards, including reputational damage and financial instability. It references relevant legal cases and scholarly articles to support its analysis, providing a comprehensive overview of the legal landscape. The report covers the legal implications of negligence and product liability, emphasizing the need for businesses to be aware of their responsibilities and to take steps to mitigate potential risks. The analysis includes an examination of the elements of negligence, the concept of strict liability, and how these concepts apply to real-world business scenarios.

EMPLOYMENT LAW
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INTRODUCTION
In the USA, consumers can bring action
actions against business on three
grounds namely, negligence, breach of
warranty and strict liability;
In the given scenario, if choice 1 is opted,
the PI owners may be subjected to
certain legal risk and liabilities arising in
the form of product liability and
negligence.

NEGLIGENCE LAW
 Negligence refers to the legal failure to
exercise the duty of care that is owed by
defendant towards the plaintiff.
 The failure to exercise duty of care refers to
the care that any reasonable person would
have exercised under the same
circumstances.
 Donghue v Stevenson [1932] UKHL 100

LEGAL LIABILITIES UNDER
NEGLIGENCE LAW
 The legal risk that may arise is the risk of
causing intentional damage to the consumers
if the contract is continued with Naturals.
 This may amount to the breach of duty of care
that the business owners owe to the
consumers.
 Apart from the physical damages that the
breach may cause to the consumers, the
business shall also suffer from reputational
damage for causing environmental damage,
resulting in loss of investors, which ultimately
will lead to lack of financial stability.

PRODUCT LIABILITY LAW
 In the USA, product liability law holds the
manufacture or the business selling the
product liable if it causes injury to the
consumers.
 The law requires the seller or manufacturer
to be responsible for fulfilling the ordinary
expectations of the consumer.
 The aggrieved person need not establish
that the business has breached a duty of
exercising reasonable standard of care.

REFERENCES
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Trial and the Emergence of American Tort Law. Ariz. L. Rev., 59, 431.
2. Allee, J. S., Mayer, T. V., & Patryk, R. W. (2017). Product liability. Law
Journal Press.
3. Best, A., Barnes, D. W., & Kahn-Fogel, N. (2018). Basic tort law: cases,
statutes, and problems. Wolters Kluwer Law & Business.
4. Epstein, R. A., & Sharkey, C. M. (2016). Cases and materials on torts.
Wolters Kluwer Law & Business.
5. Goldberg, J. C., & Zipursky, B. C. (2016). The Strict Liability in Fault and
the Fault in Strict Liability. Fordham L. Rev., 85, 743.
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Responsibilities and Redress. Wolters Kluwer law & business.
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process. Wolters Kluwer Law & Business.
8. José Ganuza, J., Gomez, F., & Robles, M. (2016). Product liability versus
reputation. The Journal of Law, Economics, and Organization, 32(2),
213-241.
9. Luntz, H., Hambly, D., Burns, K., Dietrich, J., Foster, N., Grant, G., &
Harder, S. (2017). Torts: cases and commentary. LexisNexis
Butterworths.
10. Owen, D. (2014). Products Liability Law, 3d (Hornbook Series). West
Academic.

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