Week 3 Discussion - Product Liability, Deceptive Advertising, and Unsafe Products

Refer to Chapter 13 in your course textbook for this discussion.

Respond to the following:

Product liability law grew out of the notion of protecting consumers from deceptive advertisements of products and products that are unsafe and dangerous in the marketplace. Lawsuits for product liability actions are rooted in contract law and tort law. If a business sells a dangerous or defective product that can cause injuries to a customer, it creates a risk for legal action that could cost a lot of money. If a manufacturer's advertising results in deception and a breach of an expressed warranty or implied warrant, legal action can also result.

Research and summarize one (1) type of lawsuit below using the resource links provided. Briefly explain the facts, your understanding of the law, and the decision and reasoning used by the court.

• One (1) breach of warranty lawsuit based on a deceptive advertisement OR one (1) product defect case pursuant to a product design defect, manufacturing defect, or a failure to warn of a defect.
• Imagine you were tasked with defending against a product liability tort action. Briefly explain the three (3) defenses in the reading and which you believe would be the most effective against the lawsuit example you provided and why.

Resources:

• NEXIS-Uni Legal Database.
• Strayer Library Databases.