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Unit 3: Torts
Keeping the Public Safe and Informed
Introduction
You just received a pair of K2 in-line skates as a gift. Your
dad is reading the newspaper and calls to you from the other
room, "We have to take your skates back to the store!" When
you ask why, he shows you this blurb in the paper:
"K2 Corp., of Vashon, Wash., is recalling
'FLIGHT ALX' brand in-line skates. The skate's plastic brake
mount could crack and fail, causing the skater to fall and
suffer serious injury."
While you grumble about the hassle of exchanging
the skates, your dad explains that there are many organizations
as well as an entire government agency dedicated to ensuring
that consumer products are safe. He also explains that there
are laws that make manufacturers liable for defective products.
In this lesson, you will learn about the
legal concept of "strict liability," which governs who is
responsible for problems caused by unsafe products. You will
also explore some Web sites of groups that alert consumers
to product safety problems.
Background
1. |
Read a definition
of the term "strict liability." The term will be used
freely in this lesson with the assumption that you know
what it means. Write the definition in your notes, along
with an example that will remind you how this concept
works. |
2. |
Read a summary
of product liability laws from the Legal Information
Institute. Pay particular attention to the concept of
strict liability. Add this information to your notes on
strict liability to make the idea clearer for you. |
STEP 1: Consumer Product
Safety Commission (CPSC)
1. |
Read the
"findings
and purposes" section of the Consumer Product
Safety Act that explains why the act was passed.
Take notes on the six reasons that Congress believed the
law was necessary and the two purposes of the law. |
2. |
Spend some
time reading the CPSC's
recall page. Find at least ten products that have
been recalled. List each product and note why it was recalled. |
3. |
The Consumer
Product Safety Commission does not have jurisdiction over
all products. Read a list
of the products that the CPSC does not oversee, and
identify which agencies are concerned with those products. |
4. | If you are concerned about a product you think is unsafe,
you can report it to the CPSC. Look at the product
incident report form.
**NOTE: Do not report
a product during this lesson. All reports are taken seriously,
and you do not want to waste the CPSC's time.5. |
Every state
also has a consumer safety department or office. Find
out who
to contact in your state if you have a concern about
product safety. |
|
STEP 2: Other Sources of Product
Safety Information
1. |
Several other
government agencies are responsible for overseeing certain
products. See a listing
of these products and which agencies are responsible
for each respective product. Find out which agencies are
responsible for automobiles, cosmetics, and medical products.
Then follow those links and determine how the respective
agencies report to the public. |
2. |
There are several other government and private organizations that
provide education and notification about product safety
problems. Check out their recalls and safety tips and see
how these organizations publish their information:
Child
Product Safety (Arkansas state government)
Safe
Kids USA (non-profit organization)
Recalls.gov
(US government)
Consumer
Reports Recall Information (non-profit organization) |
STEP 3: Reflection
Now it is time
to reflect on strict liability laws.
1. | How can strict liability laws protect
consumers? |
2. | What are the positive and negative aspects of strict
liability laws for manufacturers? |
3. | Do you think the CPSC and the private organizations do
a good job of informing the public when there are unsafe
products? Explain. |
4. | Do you think it is the government's responsibility to
notify consumers about product safety? What other groups
or agencies should be involved? (Did you know that sending
in the warranty card on a new purchase ensures that the
manufacturer will notify you personally if there is a recall?) |
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