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Negligent Tort
Negligent tort has been classified as the most prevalent type of tort. It cannot be perceived as comprising deliberate actions,.Rather, it is presented when an individual or entity fails to act as a reasonable person to another individual to whom he/she or the entity owes a duty. The negligent action assumed in negligent tort often leads to personal injury or monetary damages. Negligent tort is comprised of several elements. First, there has to be a person or entity that owes the duty of service to the victim. Second, the individual who owes the duty must be perceived to violate the obligation. Third, the violation of the obligation must resort to an injury. Finally, the causes of the injury must have been foreseeable due to the person’s negligent action (Laws.com, 2016).
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In the UnitedStates, the Consumer Product Safety Commission (CPSC) is mandated with protecting public consumers from unreasonable risks of injury or deaths that are caused by the numerous types of consumer products that are placed under the jurisdiction of the agency. Notably, deaths and property damage resulting from consumer products cost the nation more than 1 trillion dollars annually (United States Consumer Product Safety Commission, 2016). This research paper will identify a product that has been subject to a recall by the Consumer Product Safety Division of the CPSC from their website www.cpsc.gov, determine the liabilities that the manufacturer would have upon harm caused to the consumers and identify the relevant consumer protection statutes that are stipulated under “Consumer Protection” in Chapter 8 of the course text.
The Instep and Schwinn swivel wheel jogging strollers from Pacific Cycle were recalled on July 7th, 2016 under the recall number 16-219. The recall hazard was based on the fact that the front wheel was susceptible to becoming loose and detaching thereby posing crash and fall hazards. The company received 132 reports highlighting instances where the front wheel had become loose or unstable. So far, the incidents have resulted to 215 injuries that comprise head injuries sprains, abrasions bruises, and lacerations. A total of 217,600 units have been sold via small retailers across the nation and online through platforms such as Amazon.com, Toys-R-Us.com, Walmart.com, Target.com among other online retailers over a period of six years from January 2010 to June 2016. The units retailed between the prices of $130 to $350and are manufactured by Lerado (Zhongshan) Industrial Co. Ltd. of China and imported by Pacific Cycle Inc. The remedy is that consumers should cease using the product and contact the Pacific Cycle for a repair kit to secure the front wheel. Notably, the manufacturer has provided a repair manual in video format to assist the consumers in repairing the front wheel (United States Consumer Product Safety Commission, 2016).
In the case of the strollers, Pacific Cycle would have been found liable for any harm that was caused to the consumer. The organization would have been found liable under provisions that place liability to the manufacturer and other entities in the product’s chain of the distribution for any personal injuries and economic loss caused by its sale or use. Additionally, the company has provided a manual for fixing the fault, implying that they are aware that the strollers have defects with the front wheel and they assume some responsibility for it. (UK Trade & Investment, 2016).
Pacific Cycle has recalled the Swivel Wheel Jogging Strollers implying that they are aware of the problem and that they need to do something about it. Consequently, the front wheel problem that has been associated with the recall can be termed as being on notice (Seaquist, 2012). However, the company should employ consultants to ensure that there is awareness regarding the problem and determine industry standards that determine the extent of a problem and the measures that should be taken in future to curb it. The notion is referred to as the industry standard of care, and it refers to the duty of care devised by professionals from a particular field. However, Seaquist (2012) notes that businesses do not have a duty to ensure that any service or product is 100% safe.
Meanwhile, breach of the duty occurs when an individual or a company has the duty of care towards another individual but fails to offer the required standards of care. The strollers had instances of failed products as indicated by the 132 incidents that were reported. The strollers were in the market for over six years with only 132 incidents reported out of217,600 units sold. Despite the scattered cases, the company recalled the products to prevent any major injuries or damages to the consumers once they realized that more incidents were becoming prevalent in the products. However, the company can be found in breach of the duty of care due to the 215 instances of injuries that were reported before the recall of the strollers (Seaquist, 2012).
Accordingly, the actual causation determines whether the defendant caused the harm to occur. In the case of the recalled strollers, the company may be held liable because the existence of a loose front wheel causes harm to the consumers. In particular, the recalled strollers’ act of the front wheel becoming loose has to be determined as the cause of harm for the company and the basis on which it should be held liable for any damages and injuries. Proximate causation stipulates that if harm is not foreseeable as determined by a foreseeability test, then the defendant cannot be held liable. However, the company may not have foreseen the dangers associated with the use of the strollers that become loose due to constant use and thus,it may not be held liable (Seaquist, 2012).
Nevertheless, the issues with the front wheel of the strollers have caused actual injury to their users. Notably, the strollers have resulted in injuries such as head injuries, sprains, abrasions, and lacerations. Actual injury is perceived as the actual damages for loss or injuries suffered by the defendants (Seaquist, 2012). Consequently, the company can be held liable for actual damages suffered by the users of the strollers.
One of the defenses that the defendant can use is contributory negligence whereby an individual who is suing for negligence must indicate a presence of negligence to receive damages claims(Hemingway, 2015). The plaintiff can be assumed to be negligent in his/her actions through the lack of constant checks on the jogging strollers. In essence, mechanical parts such as moving wheels need to be checked regularly to avoid the instance of loose wheels such as the ones that were fitted on the strollers. Further, the company can use the assumption of risk whereby the plaintiff assumes the risk involved by engaging in the particular behavior(Hemingway, 2015). In this case, the argument would be that the plaintiff used the jogging strollers with the knowledge that mechanical moving parts are bound to end up in failure and that this may result in in injuries.
Evidently, negligence is one of the most prevalent types of torts that business managers face today. However, it is the duty of the consumer to provide reasons that depict the products as unreasonably dangerous. They can only be able to pursue cases related to negligence successfully through an in-depth understanding of negligence tort. The most suitable and interesting resource to utilize is the United States Consumer Product Safety Commission website that provides information on the latest recalls coupled with the regulations that are designed to protect consumers.
References
Hemingway, J. L. (2015). Common defenses against Claims of negligence. Department of Recreation, Park & Tourism Administration.
Laws.com. (2016, July 31). Negligence tort at a glance. Retrieved 1, August 2016 from: Laws.com: http://tort.laws.com/negligence-standard-of-conduct/negligence-tort
Seaquist, G. (2012) Business law for managers. San Diego, CA: Bridgepoint Education, Inc.
UK Trade & Investment. (2016). US product liability law. Minneapolis, MN: UKTI Trade Services.
United States Consumer Product Safety Commission. (2016, August 1). About CPSC. Retrieved 1, August 2016 from the United States Consumer Product Safety Commission: http://www.cpsc.gov/en/About-CPSC/
The United States Consumer Product Safety Commission. (2016, July 7). Pacific cycle recalls Swivel Wheel Jogging Strollers due to crash and fall hazards. Retrieved 1, August 2016 from United States Consumer Product Safety Commission: http://www.cpsc.gov/en/Recalls/2016/Pacific-Cycle-Recalls-Swivel-Wheel-Jogging-Strollers/#remedy