Negligent Tort Case Study

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The Case of Negligent Tort
On April 23, 2015, the Consumer Product Safety Commission announced the recall on Roberta Roller Rabbit Children’s Pajama Sets due to a violation associated with the required Federal Flammability Standards. The Recall number is 15-122, according to the Consumer Product Safety Division the product does not meet the Flammable Fabrics Act, “The children’s pajama sets fail to meet federal flammability standards for children’s sleepwear.”(www.cpsc.gov 2015). The Consumer Product Safety Division is a “federal agency "charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products under the agency 's jurisdiction”. (Seaquist 2012). These pajamas were manufactured
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According to the Consumer Product Safety Division the manufacturer in Peru failed to meet the Federal Flammability Standards for children sleep wear which poses a threat or risk of burn injuries. Since many manufacturers positioned overseas may not be aware of the United States strict guidelines for the construction of children sleep wear, it is important for the companies importing these products and goods to regulate these items to U.S. standards. The wholesalers or distributors are responsible for making sure that the policies and standards in the U.S. Flammable Fabrics Act are followed in the manufacturing of children sleepwear by visiting or enlisting an international agent to conduct random product inspections and a tour of the manufacturers’ facility. If the company knew of the defective product and continued to sell them to consumers and an injury transpired it could be considered Intentional Tort. Not recalling a product that could be harmful and can cause detriment to a consumer may perhaps leave the wholesaler or distributor liable because it is their responsibility to make sure all regulations and policies are met. This may also border on negligence on the part of the seller if injury or death should occur. Negligence involves cases where manufacturers or suppliers purposely place defective, dangerous or faulty products that result in impairment, injury or death. If the company continues to sell this product after the recall they can be liable for Intentional Tort. It is considered Intentional Tort as noted on the National Paralegal education website, “If a manufacturer or supplier sells a product that he knows is defective or dangerous or where he believes that injuries are substantially certain to result from the using of the product, he may be liable for battery to any plaintiff injured by the product.”

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