Negligent tort, relates to consumer safety and baby monitors
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Negligent Tort
Visit the Consumer Product Safety Division website. Click on Consumer Safety. Click on Recalls. Choose one product that has been recalled.
1.Describe the product subject to recall, including the recall date, recall number, and the reason for the recall.
2.Analyze whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer.
3.Discusses the following in relation to the product recall:
a.Duty of Care
b.Standard of Care
c.Breach of the Duty of Care
d.Actual Causation
e.Proximate Causation
f.Actual Injury
g.Defenses to Negligence
4.Analyze and apply a relevant consumer protection statute identified under "Consumer Protection" in Chapter 8 of your text in conjunction with the product recall that you have identified.Must address the topic of the paper with critical thought.
Submit a four- to five-page paper (not including title and reference pages). Your paper must be formatted according to APA style as outlined in the approved APA style guide and must cite at least three scholarly sources in addition to the textbook.
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Solution Summary
This is an example of a negligent tort related to a child baby monitor that has been recalled, and an analysis of the negative legal consequences that resulted from the negligence on the part of the company.
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You will be writing the text. I am supplying the recalled item and specifics from the website, and the legal analysis including the relevant consumer protection statute analysis, with critical thinking techniques. There will also be three scholarly references (peer reviewed, 5 or less years old) with some text summarizing them and connecting them to the recall product and the legal theories behind the recall. References, which should be cited in the text, should be cut and pasted in the References page if you want to use them. I have them right after the section where I used them, and they are prefaced by a slash (/).
Any suggested text that is written for you to either copy or paraphrase in your paper is prefaced with an asterisk (*), and my explanations, which should be removed, are in parentheses ( ). Here is a very good APA format reference -
https://owl.english.purdue.edu/owl/section/2/10/ )
1.
*Description of Product Subject to Recall Angelcare Movement and Sound Baby Monitors
Recall Date November 21, 2013
Recall Number 14-028
Reason for the Recall The cord attached to the baby monitor's sensor pad is placed under
the crib mattress, which poses a strangulation risk if the child pulls the cord into the
crib and it becomes wrapped around the neck. Consumer Product Safety Division, November 21, 2013)
/Angelcare Recalls to Repair Movement and Sound Baby Monitors After Two Deaths Due to Strangulation Hazard. (November 21, 2013) Consumer Product Safety Division (Website)http://www.cpsc.gov/en/Recalls/2014/Angelcare-Recalls-to-Repair-Movement-and-Sound-Baby-Monitors-After-Two-Deaths/
2.
*A sales contract assumes that the product, when used according to its purpose, will be safe for the person or persons who use it. A product that is made to be used near a baby has to be made with the assumption that the baby will have access to it, so the product has to be
safe if the baby is in contact with it. The directions on the website indicates that consumers typically use the product for 24 months. A healthy baby of that age, from the time that he can sit up and maneuver in the crib, could easily manipulate the wires that extend from under the mattress from about the age of 8 or 9 months.
The federal Consumer Product Safety Act provides for research and the setting of uniform standards for products in order to reduce health hazards, and it also establishes civil and criminal penalties, even money damages and lawsuits by an aggrieved person. (Anderson,et
al., 1993, p 561) So the parents of the two children who were choked have the option to sue the company, with the assistance of the Consumer Product Safety Commission, which administers the Act.
/Ronald A Anderson, Ivan Fox, and David P Twomey. Business Law and the Legal Environment, 15th Edition. (1993) p 561.
*The warranty published for this item states that "Angelcare is not responsible for incidental or consequential damages resulting from the use of this product," but it also says that "legal rights vary from country to country, so the above limitations may not apply
to you." ("Angelcare Product Print", 2013) Because of the federal Act, which provides for having a lawsuit and money damages, this could establish liability for the manufacturer in spite of the warranty.
/"Product Print" Angelcare Website.http://angelcarebaby.com/product-print/
3.
*a. The legal definition of Duty of Care is that "manufacturers have a ...
Education
- MEd, Grand Canyon University
- MBA, University of Phoenix
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