Week 3 Activity

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University of Maryland *

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380

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Business

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Apr 3, 2024

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Uploaded by CorporalOstrich1890

Christine Farley Week 3 Assignment January 28, 2024 TO: Winnie James, Ralph Anders FROM: Christine Farley DATE: January 28, 2024 RE: EPI and Clean Product Liability A. Negligence Theory of Product Liability The plaintiff must prove Duty of Care, Breach of Duty, Causation, and Damage. The defendant Clean had a duty to ensure that the product, EPI Cleaning products they are selling, is safe for use. The defendant breached duty of care, this could have been through bad manufacturing, design, or failure to provide adequate warnings or instructions. The plaintiff must show that the defendant’s breach of duty directly caused the injury or damage. The plaintiff suffered actual harm or damage because of the defendant's negligence. Strict Product Liability This does not require the plaintiff to prove that the defendant was negligent, but he must show Defect, Unaltered Condition, Foreseeable Use, and Injury. The EPI cleaning product was defective when Clean sold it. The product was in the same condition when the plaintiff used it to show unaltered conditions. The product was used how it should have been and the defect caused the plaintiff injury.

The difference between the two theories is negligence requires proof of a breach of duty and strict liability focuses on the condition and use of the product itself. B. Clean can take several actions to reduce liabilities as a reseller of EPI cleaning products.  Product Testing- before reselling Clean should test EPI cleaning products to ensure they are safe for use. This would identify any defects or problems that could lead to liability.  Clear Instructions and Warnings-Make sure all the products come with clear and understandable instructions for use. Include warnings of potential risks associated with using the product.  Quality Assurance-implement a quality assurance system to ensure that all products it sells meet safety and quality standards.  Insurance- This would provide financial protection in the event of a lawsuit related to product liability.  Legal Advice- Consult a lawyer who specializes in product liability law. This would help Clean understand its legal obligations and potential risks and help them develop strategies to reduce liability.  Recall System- This would be a great system for any defects that are discovered after products are sold. This would reduce further harm and reduce liability.

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