Sample Essay on:
Tort Precedent, Negligence And Liability

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Essay / Research Paper Abstract

3 pages in length. The writer briefly discusses tort law as it relates to suing the manufacturer for injury caused by misuse of the product. Bibliography lists 1 source.

Page Count:

3 pages (~225 words per page)

File: LM1_TLCTortNegli.rtf

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Unformatted sample text from the term paper:

for the criminal misuse or negligent use of non defective products" (Nagata, 2000). This legal safeguard provides a wave of protection throughout virtually all aspects of equitable commerce by way of preventing such industries as firearms, tobacco, automobile and liquor from becoming scapegoats for an individuals willful negligence and irresponsibility. Clearly, Daniell did not use the product (vehicle) as intended by any reasonable person when she locked herself in the trunk. With the intent of doing harm to herself (suicide), Daniell compounds the superfluous nature of her case whereby she charged Ford as liable for the physical and mental suffering she endured by being unable to let herself out of the trunk. This ongoing quest to displace personal responsibility has turned society into a finger-pointing, careless collection of people who feel entitlement when their actions cause unintended consequences. This reality has taken a particular focus upon the firearms industry inasmuch as - like Daniell not wanting to be accountable for her inappropriate actions that caused harm or the woman who spilled her coffee and sued McDonalds for using having used her lap as a cup holder - the public wants manufacturers to take responsibility for guns used in fatal shootings, even when the gun has been modified from both its original form and intent. For example, a police officer is shot with a semi automatic assault rifle, which - after being purchased legally - had been unlawfully modified to allow fully automatic firing. The officer, who was hit during a shootout with bank robbers, wants to sue the gun manufacturer for his physical injuries and emotional suffering. However, in light of the ever-shifting weight of responsibility when it comes to ...

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