Module Three

Tort and Product Liability In Module Three, students examine tort and product liability. In our litigious society, virtually every business encounters litigation at one time or another. This module explores two of the most common claims brought against companies, including the torts of negligence and product liability. Understanding the elements of such lawsuits will allow companies and their employees to avoid potential pitfalls and exposure to liability for these claims.

100 %4 of 4 topics complete Show data table for This chart displays the number of completed topics versus the total number of topics within module Module Three..

List of Topics and Sub-Modules for Module Three

• Module Three: Tort and Product Liability Web Page Read this information to get started on your module.
• Module Overview Web Page Read the module overview.
• 3-1 Discussion: The Tort of Negligence Discussion Topic Starts Sep 26, 2020 11:59 PM For this discussion, first read Chapter 7 of textbook. Review this excerpt taken from page 273: An employee at Wal-Mart was killed in 2008 when “Black Friday” shoppers broke down the doors at a sale at a store in Long Island, New York. The employee, Jdimytai Damour, was initially hired to perform maintenance at the store but was asked to provide security on the morning in question because he was a large man, well over six feet in height. At 4:55 a.m. many in the crowd, some who had been waiting for hours, began to push against the double glass doors. Damour and others inside tried to push back but the doors bowed and crumpled. The shoppers surged through, crushing Damour to death and injuring others, include a woman who was eight months pregnant. Damour had no experience with crowd control and was not trained for such a job. Crowd control barriers were not used and security personnel were inside the store when the incident happened, rather than being outside to manage the crowd. Customers shouted angrily and kept shopping when store officials said they were closing because of the death, police and witnesses said. Wal-Mart, based in Bentonville, Arkansas, called the incident a “tragic situation.” The company said it tried to prepare for the crowd by adding staffers and outside security workers, putting up barricades, and consulting police. In your initial post, address the following:
  1. Discuss whether the facts of the case meet the requirements of a successful negligence claim (see pp. 287–288 of your text).
  2. What defenses could Walmart raise in this case? Explain.
  3. Do you think the threat of lawsuits like this is necessary to protect the public from dangerous products and actions by business? Explain.In response to your classmates’ posts, state whether you agree or disagree with the basis used to justify your classmate’s opinion, and explain why. To complete this assignment, review the Discussion Rubric document.
• 3-2 Small Group Discussion Workspace: Negligence: McDonald’s Hot Coffee Case Discussion Topic Starts Sep 26, 2020 11:59 PM This is a group activity. For more information on groups, please see About Group Work. Scenario: In the early 1990s, Stella Liebeck, 79, ordered a cup of coffee at McDonald’s. She accidentally spilled the coffee on her lap and suffered serious burns. She sued McDonald’s for negligence, among other things.
  
  Liebeck v. McDonald’s Restaurants, P.T.S., Inc., No. D-202 CV 93 02419, 1995 WL 360309 [Bernalillo County, N.M. Dist. Ct. August 18, 1994).
  
  In Module Four, you and your group will put together and submit a PowerPoint presentation (or other presentation format of your choice). This small group discussion helps prepare your group to complete the presentation.
  
  In your small groups, and before conducting additional research on the case, determine whether your group wants to create a presentation supporting the plaintiff, Liebeck, or the defendant, McDonald’s. The presentation will highlight the strengths and weaknesses of either the plaintiff’s or the defendant’s case as to a basic negligence action only.
  
  Note: This assignment spans two weeks. This discussion is not graded but is necessary to complete the assignment due in the next module. Groups will submit their completed presentation by Thursday of Module Four. Review the Module Four Presentation Guidelines and Rubric document.
  
  The resources below will inform your discussion above:
  • The Actual Facts about the McDonald’s Coffee Case
  • The McDonald’s Hot Coffee Case
  • The McDonald’s Coffee Lawsuit
  • “NEED HELP WITH THIS ASSIGNMENT? TALK TO US. OUR WRITERS CAN HELP!”