Question

In this module you have learned about express and implied warranties on products as well as what elements a plaintiff must prove in order to succeed in a products liability case. In this assignment, you will apply these rules to everyday products to determine what types of warranties are attached and if any product liability issues exist with that product. For this assignment, you need to do some research online. You will be investigating one product warranty and one of the Consumer Protection Acts you read about in the module reading. First, choose a product and review its warranty policy, as well as any liability cases that may exist. Is there a stated warranty or is it an implied warranty? If it is stated, please provide a link to the warranty policy. If it is implied, how do you describe what the warranty is? (5 pts) Have there been any product liability cases on the product you chose? If so, briefly describe the claims. (2 pts) What would a plaintiff need to prove in order to bring a product liability claim? (3 pts) Next, choose one of the Consumer Protection Acts that were noted in your text. Using outside sources, explain the purpose of the Consumer Protection Law you chose, who it protects, and how effective you think it is. (5 pts) Do you think these laws increase or decrease a company’s liability

Answer 1

Answer and explanation:

First, choose a product and review its warranty policy, as well as any liability cases that may exist.

I chose Ledraplastic balancing balls and am going to review its warranty policy.

Is there a stated warranty or is it an implied warranty? If it is stated, please provide a link to the warranty policy. If it is implied, how do you describe what the warranty is?

Ledraplastic balancing balls has a stated warranty.

Have there been any product liability cases on the product you chose? If so, briefly describe the claims.

There has been a liability case on my product, unbelievably. In 2009 Francisco Garcia of the Sacramento Kings was balancing on a 75 centimeter Ledraplastic balancing ball along with weights when the ball burst and he was injured. He fractured his right forearm and was unable to play the first four months in his first-year contract with the Kings. The Kings and Garcia filed a product liability claim against Ledraplastic for $4 million in lost salaries and $29.6 million in damages and eventually won the case.

What would a plaintiff need to prove in order to bring a product liability claim?

The plaintiff would need to prove that actual injuries were caused from the product and not the plaintiff making a mistake using the product.

Next, choose one of the Consumer Protection Acts that were noted in your text.

Fair packaging and labeling act.

Do you think these laws increase or decrease a company’s liability?

I think these laws increase a company’s liability. They are covered by this act which helps them in any case of liability against them.