This paper discusses the importance of the concepts of product liability and assumption of risk in business law.
Written in 2007; 1,677 words; 5 sources; MLA; $ 54.95
Paper Summary:
In this article, the writer discusses that in most cases, when a company manufactures or sells a product, it is assumed that the product is free from any special risks or dangers for the purchaser. The writer also notes that if a company provides a service, it is generally taken for granted that use of the service by customers will not result in any undue injury to the user of that service. However, the writer points out that there exist cases wherein the use of a product or service may entail certain risk of injury that is considered automatically to be the responsibility of the user of that product or service. The writer argues that in today's climate, businesses must be more aware than ever of the potential liabilities of the products they sell and the services they offer. Furthermore, the writer maintains that businesses should do all they can to see to it that their products are not misused, taking whatever legal steps are necessary to see that their products and services are not intentionally used in the commission of criminal acts.
From the Paper:
"The doctrine was used to absolve employers of risk on the grounds that their employees had voluntarily undertaken such work and, as they had given their consent, this consent implied a recognition of the potential hazards."
"Workplace accidents can often be attributed to processes used in manufacturing, or to chemicals and other agents employed in factories or other workplaces. In this case, chemicals and machinery would be considered products that are knowingly, and with consent, used by the employees. Again, the first assumption would be that such employees give their consent to use these items. However, it is possible to conceive of a situation in which employees, though consenting to work at a particular job and under certain conditions, are unaware of the real dangers of the equipment or chemicals used in connection with their work."
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