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In: Operations Management

topic is Advanced Decision Making in business In the realm of product liability and business torts,...

topic is Advanced Decision Making in business

In the realm of product liability and business torts, the question of liability is problematic for most businesses that sell products. Strict product liability for the manufacturer developed in the mid 1930s with a famous case against Buick Motors. Some other well-known examples of past product liability cases include

Tylenol tampering;

Wendy's chili tampering;

Firestone tires;

Ford Pinto gas tanks;

Tobacco companies’ liabilities;

and McDonald's hot coffee.

It is essential for businesses to have strategies in place to protect those who use their products. But we first need to learn what the sources of potential liability are. Explore the theories of product liability and potential defenses to claims involving product liability.

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Advanced decision making is the process of making decisions already in advance by the company in relation with products or services. advanced decision making helps the company to prevent from lawsuits cause of defective products or injuries from the products under the product liability theories etc.

product liability in law can be stated that manufacturere, suppliers, distributors etc who sell thier products to customers should be help liable if any customers face the injury or health issues cause of thier products.so company needs to make advanced decision making strategy so that these liablity can not cause any problem in future to the company as well as to the customers.

THREE LEGAL THEORIES FOR PRODUCTS LIABILITY-

1-BREACH OF WARRANTY-

Breach of warranty is based on contract law, a contract between you and the seller of the product. There are express warranties and implied warrantiesAn express warranty is a statement by the seller such as "this lotion will cure your baldness in thirty days." An implied warranty is something that the law imposes on the seller. The two main implied warranties are merchantability and fitness for a particular purpose. Merchantability basically means that the product meet market expectations.First of all, breach of warranty is based on contract which means there must be privity between the injured person and the seller. Privity basically means direct contact between the parties. Therefore for breach of warranty, the injured person can usually only sue the seller of the product, not the manufacturer or other party who rendered the party defective.

2- NEGLIGENCE-

Negligence means lack of ordinary care. If some person's or company's negligence causes a product to be defective, they can be liable for the harm caused. The negligent party can be the manufacturer, the designer, distributor and part supplier, or anyone else who is responsible for the product being defective.One problem with the negligence basis is finding the person or party who was actually responsible for the product being defective

3-STRICT LIABILITY-

Strict liability, like negligence, allows the injured party to seek compensation from whoever was responsible for the product being defective. Unlike negligence, the injured person does not need to discover who exactly failed to do their duty. Strict liability requires only that the product be defective and unreasonably dangerous.

potential defenses to claims involving product liability-

  1. The Kind of Product Liability Claim Can Determine Whether a Defense Works
  2. The Product Design or Defect Did Not Cause Plaintiff’s Injury
  3. The Plaintiff Was Negligent Too
  4. The Plaintiff "Assumed the Risk"
  5. The Statute of Limitations Had Expired
  6. Specific Breach of Warranty Defenses

so, business faces many challenges in terms of laws so, company should adopt advanced decision making in both situation to prevent from product liability as well factors which can be used as defense if product liability occurs by cahnce.

* above answer is written in my own words.hope this answer would help you.good luck & rate.


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