User:ChrisX120/sandbox

Team 8
Scenario:

A customer bought a pair of Brand X sneakers in a retail store. One day, he slipped and fell harshly on the ground while wearing the sneakers. He broke his knees and incurred a big hospital bill for the treatment. After inspection, the customers’ fall was caused by the unsafe design of the sneakers. Since the customer failed to get in touch with Brand X for this incident, he decided to ask the retail store for compensation. However, the retail store only agreed to return the sneakers for the customer.

Answer:

ISSUE: Who is liable for the customer’s injury?

RULE: Generally, “product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer,” and “liability for a product defect could rest with any party in the product's chain of distribution.”

ANALYSIS: Here, the sneakers have design defects; Brand X and the retail store are both in the distribution chain of the sneakers.

CONCLUSION: Therefore, both Brand X and the retail store are liable for the customer’s injury.

Neutral-voiced summary:

An issue that most customers, who are not aware of the law, have is to determine the liable parties for the injuries caused by the product defects, and thus take corrective action.

As a matter of law, in the United States, the product liability law is commonly associated with negligence, strict liability, and breach of warranty. It refers to “a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold to the end consumer.”

In this case, since the sneaker company Brand X has the design defects issue, it is held liable for the damage to the customer. Since the retail store is in the product distribution chain, it is also held liable for the customer’s injury. It has been suggested that the customer can hold either party liable, and then ask for compensation.