Below is my work which i have completed. Please let me know if my answers seem correct.
please help me solve the last problem (5)
q:Explain the action that management can take to apply the liability limiting rules to the situation.
Workplace Application Report Format
1. Module 2 Topic / Legal Issue:
Topic: Strict Liability and Product Liability
Issue: If certain fast foods that were being served in Disneyland caused many attendees to suffer from food poisoning, even though the food was purchased through a wholesaler, is Disney still liable for the damages?
2. Why does this topic apply to your workplace? At Disneyland, numerous people each day eat a wide variety of foods, desserts and candies which has a potential to cause some tourists an upset stomach. However, it is perhaps difficult to examine the quality of the food which was essentially produced and prepared through the manufacturer. Disney would confirm with the wholesaler of the quality and present the food to their customers. This topic applies to Disney because there has been many cases in which customers have sued fast food companies for food poisoning or foreign objects in their food.
3. IRAC Analysis (Issue, Rule, Application, Conclusion). Include citations of rules.
Issue: If the manufacture of the food was responsible for the spoiled food, is Disney still liable for serving the food to its customers?
Rule - Product Liability: Here the firm has the liability incurred by manufacturers and sellers of products when product defects cause injury or property damage to consumers, users, or bystanders. (Cite: West Law p. 111.)
Rule - Strict Product Liability: Consumers should be protected against unsafe products; manufacturers and distributors should not escape liability for faulty products because they are not in privity of contract with the user of the product; and manufacturers, sellers and lessors of products are in better position to bear the costs associated with injuries caused by their products. (Cite: West Law p. 112.)
Application: Disney can be liable for selling products that are harmful (defective) to the visitors to their park if: the company is engaged in selling the products in the theme parks and reaches their customers "without substantial change in the condition in which it is sold." (Cite: West Law p. 113.)
Conclusion: Even though Disney purchased their food and drinks from a manufacturer, they are still liable for any defective food which may cause harm to their customers.
4. Appropriate management response to the situation to limit legal liability.
The supervisor of the Disney's food operations should visit the manufacturers and discuss how their foods are processed, if they follow the sanitary laws and to see the quality of the preparation in the food plant. In addition, Disney should make an agreement with the food company to try to compromise a deal in case an individual wants to sue Disney for a defective product.
5. Preventative measures that management can take to limit liability in the future. Give citations for legal rules that may limit liability. Explain the action that management can take to apply the liability limiting rules to the situation.
'Product misuse' is when an individual utilizes the product in a harmful way. For example, those who attend the theme park and drown themselves in alcoholic drinks end up drunk and perhaps a dose of alcohol poisoning (Cite: West Law p. 119.) The To limit the liability of Disney, the firm can present a warning sign in all their restaurants and fast food stores in the theme parks with warning signs to state that foods were processed by "company A" who take full liability for any spoiled foods. (Cite: West Law p. 118.)
To limit liability for Disney's food industry in the theme parks are as follows:
I only have question for one part (others you are fine) that whether Disney is still liable if the products/foods reached customers "without substantial change in the condition in which it is sold."?
Give you two similar yet different scenarios:
A) Peter bought the food himself from a booth at Disney.
B) Peter's friend, Amy, bought the food from a booth at Disney, and gave the food to Peter to eat.
If the food from the booth is poison, in case A) Disney will be liable whereas in B) Disney will not be liable. The reason why is that when Peter ...
Here is just a sample of what you'll find in this solution:
"If the food from the booth is poison, in case A) Disney will be liable whereas in B) Disney will not be liable. The reason why is that when Peter..."