Negligent Tort, Various Products, Manufacturers (Article Sample)

Negligent Tort
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In a Situation whereby an individual who owes a particular duty to another, acts as unreasonable or irresponsible person toward the other leading to personal damage or even monetary damages is referred to as Negligent Tort and therefore this act is not deliberate (Speiser, Krause, & Gans, 2003).
Manufacturers of various products have the duty to produce products which assure healthy safety or any other safety to the consumers. To ensure that this safety is realized, a body in the United States was formed: known as The Consumer Product Safety Commission (US Consumer Product Safety Commission, 1996). It is an independent body of the government which aims at promoting the safety of all consumer products. They achieve this by addressing the risks of injury of the various products, they also coordinate recalls, develops uniform safety standards through a comprehensive research.
In its bid to control and enhance the safety of consumers, the Commission has for many years recalled products which deemed to be unsafe for consumer use. One of the products which were recalled is known as Blomberg and Summit electric ranges manufactured by Arçelik A.S. Company of Turkey with a recall number being 17-159.
This product was recalled by the U.S Consumer product Safety Commission (CPSC). The reason which contributed to the recall was that the product poses some hazards in that being an electric range, it can be energized hence posing electric shock and also electrocution dangers to the consumers who happen to touch the product. The product was recalled on the 19th of May 2017 due to the danger it posed to its consumers (CPSC, 2017, May 19).
The electric ranges were usually sold in stainless steel, and black, and they included the Blomberg BERU 24200 SS, BERU 24100SS and also the Summit CLRE24 24-inch wide free-standing glass top electric ranges. The design of the product is made in that the lower frame of the product has a label indicated as Blomberg or Summit which is the model name and also it has the 10 digits serial number.
Before the product was recalled, on August 2016, one of the consumers of the product who was a 52-year-old professional plumber from Portsmouth died from electrocution when he comes in contact with the energized electric range. The product has been on the market for years, since 2012 and various companies, which include AJ Madison, State Street Discount among other various stores have been the primary sellers of the product. After the product had been recalled, the consumers were advised to cease using the product and also avoid touching it until the repair is done. They were also advised to immediately call the firm which could contact free onsite inspections and repairs.
The company which manufactured is liable for the damage caused by the product under the Consumer Protection Act which can also be termed as the law of negligence. This is because as per the manufacturer there were no contractual limitations of liability.
In respect to product recall, the following terms are explained below;
Duty of care
This is a legal obligation whereby an individual is required to adhere to the rules and regulations of reasonable care in that they take with precaution any act they perform so as to prevent any harm to others. Many individuals can venture in various activities and therefore to reduce the risks of harm to the users of the product; it is an obligation to all to ensure they keep the safety of others as the priority in their activities. This is very critical because an act of breaching the duty of care can lead to liability hence being forced to pay for damages caused.
In accordance with the Arçelik A.S. Company and the other stores which were responsible for selling the recalled product, they should have educated the consumers on the risk associated with the direct contact to the energized electric ranges, and this could have minimized the risks of death to the professional plumber.
Standard of Care
This is defined as the degree of care which a responsible and prudent person would exhibit regarding various situations or circumstances. Recalling the product was a standard of care in that if it continued to be available in the market, it could have caused a lot of damage and injuries to many including death to the users.
Breach of the Duty of Care
This is a situation whereby one bears the responsibility of duty of care towards other people but fails to live to the set standards of care. This is termed as an act of unresponsiveness since the individual just fails or neglects to fulfill the obligation bestowed to them of enhancing safety to the other people. Arçelik A.S. Company breached the duty of care because, as the manufacturers, they were responsible for ensuring the manufacture a product which has no risks to users but instead they produced the electric ranges which lead to the death of their product user by being electrocuted.
Actual Causation
This describes the substantial cause of the action. This is whereby the breach of the duty of care is the primary cause of damage. The claimant indicates that if it were not for the negligence of the manufacturer the damage couldn't have occurred. Therefore it is evident that the death of the pr...