BUS670 Week 2 Assignment

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University Of Arizona *

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670

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Business

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Nov 24, 2024

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10

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BUS670 WEEK 2 ASSIGNMENT 1 Consumer Safety [WLOs: 2, 3] [CLOs: 1, 2, 3, 4, 5, 8] [NACE: 1, 2, 3, 5, 6, 8] Prior to beginning work on this assignment, review Chapters 8 and 21 of the textbook and the articles discussing product liability. The Westlaw Links to an external site. database in the UAGC Library would be a useful source of information for this purpose Visit the U.S. Consumer Product Safety Commission Links to an external site. website. Select “Recalls.” Choose one product that has been recalled. In your paper, Describe the product subject to recall, including the recall date, recall number, and the reason for the recall. Analyze whether the manufacturer or any other parties would be liable for negligence if the product had not been recalled and had caused harm to a consumer. This should include a discussion of the following elements of negligence: o Duty of care o Breach of the duty of care o Actual causation o Proximate causation o Actual injury Analyze if a potential lawsuit could involve a claim of product liability. How would this differ from a claim of negligence? Discuss if the manufacturer or any other parties associated with the recall product would have a defense to claim of negligence or product liability. Analyze a consumer protection statute identified under “Consumer Protection” in Chapter 8 of your text that is relevant to the product recall that you have identified. Explain how this statute applies to the product involved. The Consumer Safety paper must be 4 double-spaced pages in length (not including title and references pages) and formatted according to APA Style Links to an external site. as outlined in the Writing Center’s APA Formatting for Microsoft Word Links to an external site. resource. must include a separate title page with the following in title case: o title of assignment in bold font
BUS670 WEEK 2 ASSIGNMENT 2 Space should appear between the title and the rest of the information on the title page. o student’s name o name of institution (The University of Arizona Global Campus) o course name and number o instructor’s name o due date must utilize academic voice. o Review the Academic Voice Links to an external site. resource for additional guidance. must include an introduction and conclusion paragraph. o Your introduction paragraph needs to end with a clear thesis statement that indicates the purpose of your paper. o For assistance on writing Introductions & Conclusions Links to an external site. and Writing a Thesis Statement Links to an external site. , refer to the Writing Center resources. must use APA Level Headings, found on the Writing Center’s APA Style Elements Links to an external site. page. must use at least 3 credible sources in addition to the course text. o The Scholarly, Peer-Reviewed, and Other Credible Sources Links to an external site. table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source. o To assist you in completing the research required for this assignment, review Quick and Easy Library Research Links to an external site. tutorial, which introduces the University of Arizona Global Campus Library and the research process and provides some library search tips. must document any information used from sources in APA Style as outlined in the Writing Center’s APA: Citing Within Your Paper Links to an external site. guide. must include a separate references page that is formatted according to APA Style as outlined in the Writing Center. o Review the APA: Formatting Your References List Links to an external site. resource in the Writing Center for specifications.
BUS670 WEEK 2 ASSIGNMENT 3 BUS670 Week 2 Assignment Student’s Name Institution Affiliations Instructor Date
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BUS670 WEEK 2 ASSIGNMENT 4 Consumer Safety The foundation of ethical business practices is in ensuring customer safety, and the significance of product recalls is crucial in maintaining the trust and well-being of consumers. In addition to its ethical significance, the assurance of product safety in the marketplace represents a legal obligation for producers and distributors. This study explores the intricate legal aspects of a particular product recall, utilizing information obtained from the official website of the U.S. Consumer Product Safety Commission. By examining probable legal responsibility, carelessness, product liability, defensive strategies, and relevant consumer protection regulations, this analysis seeks to untangle the vast network of difficulties involved in safeguarding consumers against hazardous products. Engaging in such actions makes a valuable contribution to the wider academic discussion surrounding corporate responsibility, legal Liability, and the regulatory structures underpinning consumer safeguarding within the contemporary and ever-changing market environment. The subject of the current recall is the Polaris RANGER Off-Road Vehicles. The commencement of the recall was instigated due to a specific hazard linked to the improper installation of the central brake line. The anomaly above can sustain pressure in the rear brake circuit throughout vehicle operation, resulting in potential issues such as brake overheating and diminished braking efficacy. As a result, this scenario poses significant hazards of fire and collision to customers. The recall notification for the cars mentioned above was issued on November 11th, 2023, and is linked to the recall identification number 23-796 . Incorporating a recall is of utmost importance to adequately address the identified safety issues and ensure the
BUS670 WEEK 2 ASSIGNMENT 5 protection of consumers who may be employing the Polaris RANGER Off-Road Vehicles (Ameer & Othman, 2023). Suppose the Polaris RANGER Off-Road Vehicles had not undergone a recall and subsequently resulted in harm to a consumer. In that case, it is plausible that the manufacturer, Polaris, and other entities engaged in the manufacturing process may bear legal responsibility due to potential negligence. Polaris is legally obligated to undertake the responsibility of designing, manufacturing, and distributing products that are reasonably safe for customers when utilized for their intended purpose. The threat that arises from the inappropriate installation of a
BUS670 WEEK 2 ASSIGNMENT 6 center brake line, which might result in brakes overheating and diminished braking effectiveness, signifies a violation of the duty of care. Noncompliance with safety requirements throughout the production or installation process is considered a breach of the responsibility to deliver a product that ensures safety. Once it is established that incorrect installation is responsible for harm, such as injuries or property damage arising from overheated brakes or reduced braking performance, the criterion of actual causation is fulfilled. The assessment of proximate causation, which involves evaluating the predictability of injury, is reinforced when evidence indicates that the maker has or reasonably should have possessed knowledge of the potential dangers linked to the faulty brake line (Wisner, 2004). In brief, the confluence of a breached duty of care, real causation resulting from the damaged brake line, and the foreseeability of injury collectively form a persuasive argument for probable culpability for negligence by Polaris and other pertinent entities. If harm is incurred due to the flaws in the Polaris RANGER Off-Road Vehicles, a legal action may likely be pursued, encompassing a claim about product liability. This assertion would center on the intrinsic deficiencies found within the product, particularly the inadequately installed middle brake line, which presents potential risks of fire and collisions. Product responsibility is a legal concept that pertains to various elements, including design problems, manufacturing defects, and the sufficiency of warnings. It involves analyzing whether the product has inherent risks or lacks appropriate instructions ( Amato, 2019) . A distinction exists between a claim of negligence and the statement above, as the latter places greater emphasis on the actions of the manufacturer or other relevant entities. The essential components of a negligence claim encompass the obligation to exercise care towards consumers, any violation of that obligation, and establishing a direct causal link between the
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BUS670 WEEK 2 ASSIGNMENT 7 breach and resulting harm. Hence, although both legal theories encompass the consequences of a faulty product, a product liability claim primarily focuses on the product's inherent characteristics. In contrast, a negligence claim examines the manufacturer's conduct or omissions in guaranteeing the product's safety. When faced with allegations of negligence or product Liability resulting from the recall of the RANGER Off-Road Vehicles, Polaris, the manufacturer, and other parties involved can utilize various viable defenses. One could posit that users actively embraced the acknowledged hazards inherent in off-road vehicles, establishing a defense based on risk acceptance. Furthermore, it is possible to assert a defense based on product misuse, contending that any harm or losses incurred resulted from customers employing the product contrary to its intended or suggested usage as specified by the maker. A cutting-edge defense could be put out, asserting that during the production period, the industry lacked awareness regarding the possible hazards linked to the installation of brake lines. According to the defendants ' contributory or comparative negligence theories, the consumer's conduct may have contributed to the harm. The defendants can invoke a statute of limitations argument if the litigation is not started within the legal timeframe. Ultimately, it is plausible to adopt a defense strategy focusing on government compliance, contending that the product fully complied with all pertinent safety standards and laws. The efficacy of these defensive strategies would depend on the particular circumstances of the case and the quality of evidence produced by both sides, eventually shaping the result of any judicial procedures.
BUS670 WEEK 2 ASSIGNMENT 8 The federal government enacted the CPSA to safeguard the general public from potential injury caused by consumer products. The CPSA imposes significant consequences on the recall of Polaris RANGER Off-Road Vehicles. The Consumer Product Safety Act (CPSA) mandates that companies immediately notify consumers of product problems and noncompliance. If the CPSC has jurisdiction over problems with the central brake line installation, Polaris must inform them. It makes sense to collaborate with the Consumer Product
BUS670 WEEK 2 ASSIGNMENT 9 Safety Commission to rectify the flaws, which may need a recall. Manufacturers must apply CPSC safety guidelines to ensure their products meet federal safety standards ( Shihan, 2023) . CPSA violations include manufacturers failing to install brake lines properly. Polaris' compliance with the CPSA has generated apprehension, particularly regarding the appropriate reporting of accidents to the CPSC. In conclusion, the Polaris RANGER Off-Road Vehicle recall shows how consumer safety, legal requirements, and regulatory systems interact. The Consumer Product Safety Act (CPSA) is important since it tells producers how to report defects and follow CPSC safety standards. Negligence and product liability consequences highlight the importance of manufacturers meeting their duty of care and fixing any safety issues. Reviewing potential defenses also shows the legal complexities of product liability and negligence claims. The Consumer Product Safety Act (CPSA) must be used to evaluate the manufacturer's safety and reporting compliance in light of the current situation. The effectiveness of these defenses, the strength of evidence, and careful review of manufacturer regulatory compliance will determine judicial proceedings. The Polaris RANGER Off-Road Vehicle recall highlights the delicate balance needed to protect consumer interests in the ever-changing world of product safety and Liability.
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BUS670 WEEK 2 ASSIGNMENT 10 References Amato, C. (2019, February). Product liability and product security: Present and future. In Liability for artificial intelligence and the internet of things (pp. 77-96). Nomos Verlagsgesellschaft mbH & Co. KG. Ameer, R., & Othman, R. (2023). Stock market reactions to U.S. Consumer Product Safety Commission enforcement actions. Accounting & Finance . Shihan, M. M. M. (2023). Intellectual Property Law Vs Human Rights Law: A Re- Examination of the Relationship Between Two Distinct Legal Regimes in Light of Digitalization and Sustainability. Wisner, B. (2004). At risk: natural hazards, people's vulnerability and disasters . Psychology Press.