Explore BrainMass
Share

Monitoring Wiretaps and Torts

This content was STOLEN from BrainMass.com - View the original, and get the already-completed solution here!

Sally DoGood, a police officer in Shady Town, was sitting in a police van monitoring wiretaps placed in the Crime Boss hideout. The equipment she was using, which was an older model purchased from BUG, short-circuited and injured Sally. An insulator that could have prevented the possibility of shorts was not included in the original design because of its effect on production costs. The newer models, not yet purchased by the Shady Town Police, have the insulator installed. What tort(s) may Sally have for a successful case against BUG? Explain your answer(s).

© BrainMass Inc. brainmass.com December 19, 2018, 9:29 pm ad1c9bdddf
https://brainmass.com/business/business-law/monitoring-wiretaps-and-torts-61274

Solution Preview

Interesting scenario, indeed. I hope this helps and take care.

Please see the attached file.

See response below:

Sally DoGood, a police officer in Shady Town, was sitting in a police van monitoring wiretaps placed in the Crime Boss hideout. The equipment she was using, which was an older model purchased from BUG, short-circuited and injured Sally. An insulator that could have prevented the possibility of shorts was not included in the original design because of its effect on production costs. The newer models, not yet purchased by the Shady Town Police, have the insulator installed. What tort(s) may Sally have for a successful case against BUG? Explain your answer(s).

Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based. Many states have enacted comprehensive products liability statutes. These statutory provisions can be very diverse such that the the United States Department of Commerce has promulgated a Model Uniform Products Liability Act (MUPLA) for voluntary use by the states. There is no federal products liability law. In any jurisdiction one must prove that the product is defective. There are three types of product defects that incur liability in manufacturers and suppliers: design defects, manufacturing defects, and defects in marketing. Design defects are inherent; they exist before the product is manufactured. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw. On the other hand, manufacturing defects occur during the construction or production of the item. Only a few out of many products of the same type are flawed in this case. Defects in marketing deal with improper instructions and failures to warn consumers of latent dangers in the product.
Products Liability is generally considered a strict liability offense. Strict liability wrongs do not ...

Solution Summary

In reference to a case on monitoring wiretaps, this solution discusses the tort(s) that Sally DoGood may have for a successful case against BUG.

$2.19