Week 3 Discussion
Review the news headline regarding exploding air bags and why legal personnel are saying this recall is different than most.
Based on the news headline, outline and explain two (2) other types of torts a business may be liable for and explain why. (Do not use the video example as one of your own suggestions.) Then, explore some of the steps a company may take to avoid liability for the torts you discussed. Be sure to provide legal support for your analysis.
First, let me take a moment to recap the elements of business torts. In general, torts are considered a form of infraction a responsibility imposed by the civil law. When an individual violates one of those responsibilities, and someone or property suffers injury, it is considered a tort. Torts can be in the form of negligence or interference with the contract. An example of negligence can be a surgeon who misdiagnosis a patient and performs an unnecessary surgery. An example of interference with a contract can be a scam artist who set up fraudulent property rental business to get money from people to run out abandoned houses.
In all, there are three types of torts which are intentional, negligence and strict liability. The two other types of torts that businesses may be liable for are strict liability and intentional. For example, strict liability can be a construction company that uses explosives to demo property. Homeowners in neighboring areas may be able to recover damages even if the construction company was not negligent or did not mean to damage other property.
An example for intentional tort within business can include an automobile manufacturer who knowingly installs faulty brake pads on one million cars to keep up with the demand of business. As a result, three thousand people are injured, and thirteen people died. When cases are heard in court involving companies who have are blamed for intentional tort, is essential that plaintiffs prove not the business had the intent or mental capacity to understand the effects of their actions.
Some steps that the companies can take to avoid liability of the strict liability and intentional tort are to get consent or a waiver of liability from property owners in return for services. A consent is when an individual or company gives another party permission to do something that could be deemed unethical or illegal. In regards to the constructions company, a waiver and consent can be specific as to the conditions or arrangement of any damages to the property owner’s homes. For example, in order to mitigate the burden of financial responsibility from the construction company to the homeowner for possible damages, the company can have residences sign an agreement to only pay up $15,000.00 in any damages to property from construction work.
In regards to the auto manufacture selling cars with faulty brake pads, the company can also have new car owners sign a waiver releasing the company from any liability of damages. Another approach can be to sell the cars with faulty brake pads at a discounted rate and put buyers on notice. The company can just take a loss of thirty percent off all cars with faulty brake pads. In order for the buyer to purchase the cars at a thirty percent off discounted rate, they will have to sign a contract stating that they understand the car has faulty brake pads and agree that the company assumes no responsibilities for damages.