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Describe where you see personal responsibility and accountability fitting into this chapter's materials on product liability. An owner of a manufacturing firm is being sued for potential product liability of a particular product. Identify at least two things the owner should consider in the decision to fight in court or settle.

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Describe where you see personal responsibility and accountability fitting into this chapter's materials on product liability.
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Solution Summary

This solution shows how personal responsibility and accountability fit into product liability and how manufacturers should decide whether to go to court or settle.

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Discussion Questions

Discussion Question One

A few years ago a New Mexico jury awarded Stella Liebeck $2.7 million in punitive damages after she received third degree burns from a cup of McDonald's coffee she spilled in her lap. Do you think it is appropriate to punish corporate wrongdoing by awarding punitive damages in a private lawsuit? Was the award appropriate in this case?

Discussion Question Two

In light of the legal policy discussed above, should the manufacturer be held strictly liable despite all the warnings if the hostess were injured? Having used the product despite the warnings, should the hostess be considered negligent? Should manufacturers be allowed to make and sell products they know are "POISONOUS" and "FLAMMABLE," in other words very, very dangerous?

Discussion Question Three

The last time I was in Nogales I was offered a $10 "Rolex" watch. Was the seller violating the Lanham Trademark Act? Is there any possibility a consumer paying $10 for a "Rolex" could be confused about the authenticity of his purchase? If not, why should the makers of genuine Rolex watches be upset?

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