business law: Higgins v. Intex Recreation Corporation; Bunch v. Hoffinger Industries

Business Law Name Business and Marketing 17th Nov. 2011 Abstract Consumer products manufacturers are continually improving their products in order to maintain their competitive edge and also to keep up with the pace of contemporary technologies. Some of the products can have serious damages on clients if not well used. Therefore, there are laws protecting the consumer which the manufacturers must take into account. Such are the laws on failure defect and failure to warn. A company can be sued for these two as detailed in this essay. Business Law Defect in design: In Higgins v. Intex Recreational Corporation (2004), the plaintiff sues the corporation on the basis of defect in design. Higgins was standing on near the foot of a snow-covered hill when he saw a seven-year old boy about to be hit by a speeding, Sno-Tube which had rotated and was in no control of the rider. In an attempt to save the boy, he was hit by the Sno-Tube, which left him a quadriplegic. Higgins sued Intex, the manufactures of the Tube for having a defect in design. The Legal Information Institute (LLI) (1992) notes that defect in design is a situation where a defect can be traced to the design of a product. To win such a case, the plaintiff needs to convince the court beyond reasonable doubt that a safer device could be an alternative for the defective one. In this case, Higgins claimed that Intex could have manufactured a device that could be same cost but easier to control. He had to prove that a better design could have prevented the tube from running out of control, hence prevent the accident that caused his injuries. To achieve this, he compared the Sno-Tube to a Sno-Boggan, a device by the same company that had ridges at the bottom to prevent rotating, hence give the rider some control. The court found out that Higgins argument held, and therefore ruled in his favor, requiring Intex to pay for the damages on his ...