Product Liability Essay

2267 Words Apr 21st, 2013 10 Pages
Product Liability Research Paper Shericia Bonnett
Professor Kapalko
LEG 500 – Law and Ethics In the Business Environment
09/09/2012

Consumers use a variety of products on a daily basis to assist them in accomplishing a task or completing a project and they expect the product to be properly designed and safe to use. However, in the event that a product is defective and causes injury to the person using it, the manufacturer may be liable for the injury and have to compensate the injured person (s). Companies that manufacture products need to be sure they are doing all within their power to assemble products that are free of defects that could accidentally cause harm and cost the company. Product liability is the
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In the product liability case Martin Oliver vs. Hitachi, Mr. Martin Oliver was the plaintiff while the company was the defendant. According to US Legal (2011), a plaintiff in a products liability case asserts that the manufacturer of a product should be liable for personal injury or property damage that results from a defect in a product or from false representations made by the manufacturer of the product. Mr. Oliver, a professional carpenter, was using a Hitachi Pneumatic nail gun (Model NR83A) to install skylight curbs on the roof of a building when he was suddenly injured and had to seek medical attention. Suddenly and forcefully the nail gun recoiled, causing the nose of the nail gun to turn or rotate toward his face, hitting him on the upper lip, causing the nose of the nail gun to depress and fire a nail into his head and strike his brain (Nail Gun, 2012). He suffered from dizziness and headaches so intense that they brought him to his knees, he was examined again, and an X-ray revealed that a nail had lodged into his head, with its point penetrating his brain (2012). As a result of the injury, Mr. Oliver sustained a traumatic brain injury that left him permanently disabled when a Hitachi NR83A nail gun shot a nail into his head. He was represented by attorneys Roger Gordon and Vincent Bennet and they presented his case based upon a design defect. Design defects are inherent; they exist before the product is manufactured. While the item might

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