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Fisher-Price's Negligence Case

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For most companies, a negligence case can become very costly even leading to bankruptcy. Consequently, do to increase in consumer injuries from defective products, the government created the he Consumer Product Safety Commission (CPSC) as a means to help manage consumer protection. Furthermore, the recall initiative addresses the situation of informing and/or removing consumer and companies about defective or dangerous products in the marketplace. What’s more, within the CPSC, various statutes passed by Congress, help in regulating safety for a variety of industries; for instance, the Poison Prevention Packaging Act protects children under age five from poisoning caused to open containers; or the more obscure Virginia Graeme Baker Pool and Spa Safety Act establishes safety standards associated with pools and spas dangers (Seaquist, 2012). …show more content…

Subchapter B of the Consumer Product Safety Act establishes a consumer product safety standard for infant swings (ECFR — Code of Federal Regulations, n.d.). In view of that, had Fisher-Price not recalled cradle swings and serious injuries occurred, the company could have faced a negligence lawsuit and suffered reputation damage. However, it is clear from Fisher-Price’s swift action that the company wants to protect consumer and its

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Julian wants to sue David, the other player. In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? 
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The United States Supreme Court, the FDA requested that many similar cases such as this were prosecuted by the Department of Justice. The FDA allotted a number of reasons for further investigation into prosecutions including the reoccurrence of similar issues, life threating or injuries from violations and the knowledge of these violations by management. (park powerpoint). These prosecutions are a good foundation for investigation, but could go further as to limiting the number of occurrences allowed for each company with particular health issues, including bug infestations, temperature regulations and sanitation

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Ms. Sallie Mae Fisher is at risk for fall due to the current makeup of her home. As one can see in the video, when Sallie stood up to answer the door, she trips on a mat that she kept on the floor. Luckily, she does not fall and continues walking towards the door to open it for the home health nurses. Ms. Sallie Mae Fisher is also dealing with polypharmacy, which can contribute to her at risk for fall due as well. During the video, she expresses signs of confusion when talking to the nurses.

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The class-action lawsuit was won on the grounds of failed safety standards and an insufficient emergency plan by the state fair. The victims and their families received a total of $39 million in damages. Mid- American Sound Corp agreed to pay a $50,000 and increase safety training for their employees to create a safe work environment for their workers (Evans, 2014). The company created a management plan for future stage erections and expanded training for current employees and will train new employees on the new

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The courts currently use a list of standards to determine whether or not an abnormally dangerous activity has been undertaken so that strict liability applies. Here are the brief illustrations about the strict liability. 1. This Notice informs ship-owners of the extension of strict liability for oil pollution damage to all ships and recommends that ship-owners maintain insurance to cover their liabilities. 2.

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This is an application to deny the appeal against a ruling in the case of R. v. MacDonald. The appellant, Mr. Erin Lee MacDonald, was convicted of careless handling of a firearm, possession of a firearm for a purpose dangerous to the public peace or for the purpose of committing an offence.possession of prohibited or restricted firearm with ammunition, contrary to, respectively, ss. 86, 88, and 92 of the Criminal Code of

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The doctrine of straight product liability holds that manufacturer of product to be responsible in compensating the user of the product for injuries suffered resulting from a dangerously defective product in spite of the manufacturer had adhered to strict quality control procedures. Under this doctrine, plaintiff is able to recover damages even if manufacturer had taken reasonable steps to prevent the defect. This doctrine successfully shifts the burden of proof from the consumer to the defendant. When strict liability applies, the plaintiff does not need to prove that a manufacturer was negligent, but only if that the product was in defect condition. In strict liability, there is the assumption that the manufacturer or producer was aware

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