Question

In 2000 Firestone tires had a major problem on their hands, several of their tires were exploding while being driven, causing serious injuries and death to its customers. In fact on May 2, 2000 the National Highway Traffic Safety Administration opeed an investigation into Firestone tires based on reports of tread separation on some of its tires. At that point, the agency had received 90 complaints, including reports of 33 crashes resulting in 27 injuries and four deaths. Answer the following based on your independent research on the Firestone case:

a. What type of tort claim would an injured or deceased party pursue against Firestone?

b. What is the goal of tort law and how does it apply to the Firestone case?

c. Think back to the Ford Pinto case, how is the Firestone incident similar; and how did Firestone confront the issue once it was discovered?

d. If you worked for Firestone what defenses would you claim?

Answer 1

a. Everyone should have knowledge about Tort Claim, becouse any one might face with an accident tomorrow or day after tomorrow or within next few years.He/She needs to be well acquainted with the claim for getting the compensation he/she dserves after the accident happens.Two types of Trot Claims are there one is 'Intentional Tort Claim ' and another is 'Unintentional Tort Claim'.

Intentional Claims are the effect of wrongfull actions by someone for some purpose.That act is done intentionally.

Unintentional Claims are the effect of Negligencies by the accused party.Everyone has a duty to take of another.This means we all require to ensure someone else's safety is met to the best.When someone doesn't folllow same custom, he might be charged for negligence under 'Tort Law'.

The above case related to Unintentional Tort Claims.Becouse no one purposely does an act to harm someone.But it is an amount of negligence.The accident was occuring due the poor quality of the tyres.So the injured person can brought claims due to the damages occured to him.There are procedures to file claim for the damages :

1. The claim must be filed by the person who suffered the damage, loss, or injury or that person's representative person.
   
2. He must file a tort claim within two years of the date the accident happened.
   
3. Submit a completed Standard Form 95 "Claim for Damage, Injury or Death."
   
4. The General Counsel will evaluate his/her claim and may settle or deny his/her claim. If his/her claim is denied, notice of denial will be sent to him/her. If He/she is dissatisfied with the decision, He/she may file suit in the appropriate U.S. District Court within six months after the date the notification was mailed to him/her.

b.Main purpose of 'Tort Law' is to compensate the victim.Tort Law addresses the private wrongs .It's aim is to give the remedies to the victim for damages occured to him rather than the giving punishment to the wrongdoers.Allthough some cases are read with both the liabilities i.e. criminal liability and Tort liabilities.A good example of the same case is negligence which endangers the lives of others may simultaneously be a tort and a crime.

The goals can be applied to the given case as 90 complaints were received.Out of 90 complaints few will be read with 'Tort' as well as 'Criminal' act as few casualties were there also.

c.Ford Pinto case was similar to the Firestone case as both the act were occured due to neglinces.Effect of which was few deaths and injuries.

d. If I was the worker of Firestone few options are there to defend my company or reducing the claims for damages based on :

1. We did not owe the claimant a duty.

2. There was no breach of duty.

3. Limitation.

4.Contributory Negligence.

5. The claimants own mistakes.

6.Necessity and self defence.