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What are the four ways a negligence case is evaluated? Who can be held responsible for a faulty product in a product liability case? What
- What are the four ways a negligence case is evaluated?
- Who can be held responsible for a faulty product in a product liability case?
- What is the 'Hand test' formula?
- Who are liable under standard of care torts?
Critical Thinking Questions
- The McDonalds Coffee Case is still one of the most controversial tort cases in recent history. Some felt that the woman should have known that hot coffee posed a risk, while others agreed that McDonalds should have prevented the injury. What do you think? Was Ms. Liebeck more responsible for her injury than the original court decided?
- Medical professionals and other caretakers are held to a higher degree of responsibility for those in their care. Why do you think this is (or is not) important?
- The Tarasoff decision made it mandatory that medical (or other) professionals who know someone is going to be, or is being, harmed report it to someone. In your opinion, is this an important requirement? Why or why not?
- Manufacturers and sellers of defective products are required to pull them from the market, and fall under the idea of strict liability offenses. Why do you think the courts have made product issues a division of strict liability?
- Torts are a way for civil wrongs to be addressed, even if the injury is not a criminal offense. Why do you think it is (or isn't) important for a society to have a way to deal with these types of offenses? Use evidence to back up your opinion.
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