Chapter seven business torts and product liability. Fraud may be intentional or negligent. To establish a misrepresentation, there must be a misstatement of a material fact--something directly related to the incident, intent, the seller must know the statement is false, the recipient must rely on the information of the seller, causation, and there must be damage.
Product liability is the responsibility of the producers and sellers to the purchaser and user of said products. Strict liability replaced privity of contract to give an injured party a better chance to receive money in a lawsuit from the defected product. Strict liability is based on a warranty either expressed or implied. A manufacturer may be liable for a defective product and a design defect. The manufacturer may also be responsible for failure to warn. The largest dollar amounts ever awarded however, were from unknown hazards. unknown hazards are issues that come up several years later.
Although we hear of large rewards to plaintiffs, our text says that the tort crisis has abated in recent years. I feel that we need the ability to fight companies to guarantee quality products to purchase. I also feel that the people that take advantage of this ability to gain in personal ways need to be stopped.