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Negligence and product liability are two of our main topics for this week. Negligence is an unintentional tort because it happens by accident. Product liability arises when one is injured by a defective product.

Consider the scenarios below. Choose one and determine if it describes negligence or product liability. Explain your answer and be sure to discuss the elements of any claims that may arise.

  • Daisy is driving in her car when her phone chimes. She picks up her phone and sees a text from her friend. While responding to the text, Daisy runs a red light and causes an accident.
  • Janet just moved from Florida to Minnesota and is enjoying the scenery of a beautiful snowfall when she sees a person slip and fall on the ice on the sidewalk in front of her house.
  • Larry is a lumberjack. He decides to purchase a new chainsaw. The first time Larry uses the chainsaw, the product malfunctions and Larry is injured.

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