Product Liability Essays - Tort Law, Law, Private Law, Common Law

Product Liability Essays - Tort Law, Law, Private Law, Common Law Product Liability Product Liability Every day American consumers purchase products that they feel are beneficial to there development. Where that lies depends on the consumer. However, One underling variable is a constant when it comes to purchasing the product. That variable is whether or not the product is right for them. When the consumer purchases a product, they are liable for whatever mishaps may occur and accidents that may happen. But producers are not completely free from the liability of their product to their consumers. This is where product liability legal issues come from, a segment of the law which has seen its fare share of turmoil and difficulties. Product liability is the producers requirement to warn the consumer of and any possible troubles associated with the product. This is usually done with a warning label attached to the product, or is found via flyer form in the instruction manual. Sports and recreational equipment cause serious injuries everyday. There are many reasons for the cause of injury, but most cases of injury are due to product defects. These defects are manufacturing, design, and failure to adequately warn. Besides the product defects, consumers are exposed to other forms of potential mishaps, which are negligence, breach of warranty, and strict tort legal responsibility. Because America is a society largely dependent upon the outside means in which to entertain themselves, many Americans are changing from the casual spectator to that of the exuberant participator. Therefore, the number of accidents associated with products has risen. Subsequently, so have the court cases and trials. Product liability comes into play when the product breaks, or doesnt perform up to regulation standards set forth by the producer. In more cases than not, there is some form of injury sustained due to product defect or claims. So in short, the definition of product liability is the responsibility of the manufacturer to the user if the use of its product results in personal injury or property damage (Legal Concepts, 122). Sports and recreational equipment cause serious injuries everyday. There are many reasons for the cause of injury, but most cases of injury are due to product defects (Swartz). These defects are manufacturing, design, and failure to adequately warn. As I have already stated in the beginning of this analysis, product liability has three main theories under which recovery can be made. These recoveries are: Negligence Strict liability Breach of warranty Negligence is the understanding that the producer or manufacturer has the responsibility or duty to applicate a reasonable degree of care. Many people fail to realize that a negligence action in not under a duty to insure that its product will not cause injury; rather, the product merely has to be reasonably safe. The most common incidence of negligence is the manufacturers failure to inspect or test a product. Another common incidences of negligence is the defendants failure to sufficiently caution the user of the dangers the defendant knew about. Another is breach of warranty. Studies have shown that the care taken by manufacturers to warrant reasonable process to the consumer has a lot to be desired. From 1982 to 1984 there were 161 deaths and 128,000 injuries caused by ATVs . This lack of duty can be as much to blame for there petulance as it does to their marketing exploits. One of the most common incidences of negligence associated with products in the manufacturers failure to inspect or test the product. When inspecting the product could have led to discovery of an injury-causing defect, the producer is liable. McCormick V. Lowe & Campbell Athletic Goods disclosed a variety of factors on the reasonableness of the inspection. These factors can include industry advances, the seriousness of the possible harm, the likelihood of the possible harm, and the feasibility of the inspection. In McCormick V. Lowe, the plaintiff claimed the defendant company furnished a vaulting pole that broke while the plaintiff was attempting to use it. The plaintiff brought a negligence action to recover the injuries he sustained in the fall that resulted in the inferior product. The court held that a manufacturer of a product is under a duty to exercise ordinary care to test products to determine whether or not such products contain defects,

12 Types of Characters Featured in Almost All Stories

12 Types of Characters Featured in Almost All Stories 12 Types of Characters Featured in Almost All Stories They say it takes all kinds to make the world go round - and the same is true of stories. Whether you’re writing fantasy, romance, or action-adventure, you’re going to need certain types of characters to keep the plot moving and your readers intrigued!That’s why we’ve put together this handy-dandy guide of 12 character types featured in almost every story: to help you figure out which ones you need, how they relate to one another, and what purposes they can serve. 12 characters featured in almost all stories What are the different types of characters?Most writers have an inherent understanding of how to categorize their characters based on classic, â€Å"comic book-style† labels: heroes, villains, sidekicks, etc.  But in the ever-intricate realm of stories, there are many more nuanced types to consider!Before we explore these types, however, you should know that there are two main ways to classify them: by role, and by quality.RoleCharacter role refers to the part that one plays in the story. As you probably know, the most important role in any story is the protagonist (which we’ll discuss below). This means all other roles stem from their relationship to the protagonist. Basically, these types define how characters interact and affect one another.Types based on role include:ProtagonistAntagonistDeuteragonistTertiaryConfidanteLove interestFoilSome of these roles can overlap. A deuteragonist might be the MC’s confidante. The antagonist might be their foil. Or the an tagonist might eventually become the protagonist’s love interest! (Any fans of the enemies-to-lovers trope up in here?)But we’re getting ahead of ourselves. Let’s quickly touch on the second major category of character types.QualityCharacter quality has to do with what kind of character someone is. This doesn’t refer to their temperament, such as being nice or mean, but rather their nature within the story, such as being dynamic or static. Scout Finch - the archetypical child. Image: Universal Pictures11. Symbolic characterAs we mentioned earlier, a symbolic character is used to represent something larger and more important than themselves, which usually ties into the overall message of the book or series. This type must also be used sparingly - or at least subtly, so the reader doesn’t feel like the symbolism is too heavy-handed. As a result, the true nature of a symbolic character may only be fully understood at the very end of a story.Symbolic examples: Aslan (symbolizes God/Jesus in The Chronicles of Narnia), Jonas (symbolizes hope in The Giver), Gregor Samsa (symbolizes the difficulty of change/being different in The Metamorphosis)12. Round characterDon’t get this one confused with Humpty-Dumpty. A round character is very similar to a dynamic one, in that they both typically change throughout their character arc. The key difference is that we as readers can intuit that the round character is nuance d and contains multitudes even before any major change has occurred.The round character has a full backstory (though not always revealed in the narrative), complex emotions, and realistic motivations for what they do. This doesn’t necessarily mean they’re a good person - indeed, many of the best round characters are deeply flawed. But you should still be interested and excited to follow their arc because you can never be quite sure where they’ll be led or how they’ll change. Needless to say, the vast majority of great protagonists are not only dynamic, but also round.Round examples: Amy Dunne, Atticus Finch, Humbert Humbert, Randle McMurphy, Michael Corleone All the best characters are round ðŸÅ'Ž With this wide-ranging arsenal of character types at your disposal, your story might just be the stuff of legends (or bestseller lists). Now go put them to use - if you haven’t already!Which of these types do you have in your story? How do they overlap? Tell us in the comments below.