Liability and Accountability Essay Sample

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Introduction

Capitalism is what drives the American economy. Buying and selling goods is what is known as the “American way”. Because of this; consumers need some sort of protection against malfunctioning, or defective products. “When it comes to privacy and accountability, people always demand the former for themselves and the latter for everyone else.” -David Brin The United States government believes that everyone has a right to their privacy. Because of this there is there is a tort called invasion of the right of privacy. This is an intentional tort in which an individual infringes upon the personal space of another with no just cause. There are different categories that fall under this tort which are:

Public disclosure of private information- this is an act in which there is usually highly distasteful information that has been brought to public light and is typically private. The best example of this would be for someone to leak a celebrity’s private pictures off of their cell phones.

Appropriation claims involve using a likeness or name of another person without their consent. This could be something as common as creating a fake Face book profile under a celebrity’s name. Invasion of solitude/seclusion involves a physical or electronic invasion. This is usually committed in a way that causes some sort of damage.

Finally; there’s false light claims. This is simply creating public information that displays someone in a false light. As you can see these subcategories cover all facets of privacy. These sub categories are all different, yet similar. Any of them can happen face to face, or over the internet. The Magnuson- Moss warranty act, lemon laws, and general warranties are in place to protect consumers against defective or useless products. Lemon laws are geared more towards cars (new and used) under some sort of manufacturers’ warranties.

Warranties in a nutshell are promises made regarding a product by a manufacturer or seller. These are usually based on the time that the product was bought. For instance if you purchase a new GE refrigerator, it will typically be under a warranty for roughly or more years. In that amount of time if the appliance breaks or has any nonworking parts, GE will either let you exchange it for the same model, or give you a refund. Lemon laws are a subcategory of The Magnuson- Moss warranty act, which is a federal law that regulates warranties on everyday consumer products. Since 1975 these regulations have been in place to be an advocate for American consumers.

A dangerous or hazardous product is a public safety concern. Having a product that’s defective has a much bigger probability of causing harm to any persons that use it. This could result in permanent or irreversible damage. That is also why there are warnings on most products.

In an effort to protect consumers against a dangerous product, our legal system holds American based manufacturers accountable for any unsafe or dangerous product. That accountability reflects when a plaintiff in such a case brings it to a courtroom. Take, for instance, the woman who severely burnt herself drinking a McDonald’s coffee. Because there was no warning on her container, she was able to sue the company for millions of dollars.

This is also why there are countless product recalls each year. The reason is that a company might have found that their product is unsafe to use and requests you A) stop using it or B) return the product for a new, safe model or they will issue a refund.

References
Editorial Board. (N.A.). Business Law.
Brin, D. (2013) David Brin Quotes.http://www.goodreads.com/author/show/14078.David_Brin Mininno, J. (2010) Defective products are dangerous products, potentially causing injury or death. http://www.minfirm.com/defective-products-new-jersey-attorney-mininno

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