Negligent Tort: product subject to recall
Visit the United States Consumer Product Safety Commission (Links to an external site.) website. Click on “Recalls.” Choose one product that has been recalled.
- Describe the product subject to recall, including the recall date, recall number, and the reason for the recall.
- Analyze whether the manufacturer would be liable for negligence if the product had not been recalled and had caused harm to a consumer.
- Discusses the following in relation to the product recall:
- Duty of Care
- Standard of Care
- Breach of the Duty of Care
- Actual Causation
- Proximate Causation
- Actual Injury
- Defenses to Negligence
- Analyze and apply a relevant consumer protection statute identified under “Consumer Protection” in Chapter 8 of your text in conjunction with the product recall that you have identified. Must address the topic with critical thought.
Urban Outfitters recalled its Margo Taper Candle Holders on February 24, 2021, due to a fire hazard. According to the U.S. Consumer Product Safety Commission, the Margo Taper Candle Holders could catch on fire if they came in contact with the candle’s flame, posing a fire hazard. Around 2,700 units were recalled in the U.S., with an additional 60 recalled in Canada. Consumers were advised to stop using the candle holders immediately. The retail giant issued a full refund for the defunct product.
The Margo Taper Candle Holders’ manufacturers would be liable for negligence if the product caused harm to a consumer before its recall because they owe a duty of care to every person who uses the product (Seaquist, 2012). The company has “a duty to act with reasonable care at all times in order to avoid harming others through carelessness.” The manufacturer has a moral obligation to take precautions that a reasonable individual would follow to prevent consumers from foreseeable injuries. Urban Outfitters fell short of the standard of care by manufacturing a hazardous product. They would be liable under the common law of negligence or the Consumer Protection Act.
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