How would u respond to Scott

Please look at each highlighted area. There are 4 student responses.  Please see attached

How would u respond to Scott

Hello Professor Vice and fellow Classmates, I am currently pursuing an associates degree in Health Sciences with the ultimate goal of Obtaining my BA in Health Care Administration so I can pursue my goal of being a Clinic Manager of a Veterans Affairs (VA) Facility. Currently working in a Military Medical Facility and previously working in a Joint Clinic with the VA, here are a few subjects that I was looking at to write about.

1. Post Traumatic Stress Disorder (PTSD) and how it effects families. Having served our country in Combat Operations in Iraq, I first handily seen the effects of PTSD on my fellow service men and woman and how it directly impacted their families when we came back home. I also seen the effects it has on Veterans who might have been home for years but still is directly impacted by actions from years ago. The audience is people who live with or care for these active duty/veterans.

2. Families of deployed service members. There are plenty of times where I seen family members struggle while their significant other is forward deployed, whether it was paying bills on time, not knowing the resources that are available to them and so on. The audience for this post would be deployed service member spouses who are on the home front while their significant other is deployed.

The Subject that I am leaning on writing about is PTSD. Being in the health care field and taking care of Marines daily, I see the effect it has on families in which I can relate too personally being forward deployed with these individuals. Personally seeing the daily struggles of both the service member and spouses, so I am very passionate about this subject.

Being that I gave my two options, what subject to you feel I should write about or that is more prevalent and why?

How would u respond to

Hi, everyone! 

My field of study is finance. Anytime I write anything I always use the brain storming/bubbling method to help me out. So, while brainstorming I have come up with a couple of topics that I could write about. 

1. Helping young adults learn about credit cards. (I am 26 and no one was really there to tell me the do’s and don’ts of getting a credit card. So, you can say I have had my share of the ups and downs on this topic.)

2. Paying for college. (Again, this really relates to me because here I am in school to get a degree. I think that many people don’t go to college because of the expenses it brings. I can express on what are some ways you can do, like for example: look at scholarships and grants.)

3. Managing money while in a relationship. (This also speaks to me because when I first got together to my husband we had separate accounts and he was very bad at handling his money. Now married, I am in charge of all financial aspects. Maybe couples are having hard times deciding to combine bank accounts or even get married because of their partners manage their money/credit.)

Well those are some of my ideas but don’t really know if any of them are good enough. I have the experience in all of them, but my question is to would anybody be willing to read it? The one I am leaning towards is the first on helping young adults learn about credit cards. This topic is the reason why I am back in school. One of my goals after graduating is to help the youth. Do you think that this will be helpful information? Should I not just make it about one age group because really it could be for anyone trying to better their credit scores?

Thanks in advance for the help!

How would u respond to Angee

1.  Would you report the incident to the Consumer Product Safety Commission? Explain.

Yes.  This is because the company or manufacturer is liable for any defects or injury caused a product they have made. The product has a defect in designing which could injure the users who are children in this case. At that age children are likely to gallop everything they come across thus leading to injuries and thus they need properly designed products.

2.  Discuss whether you would sue the manufacturer/CARDWARE based on negligence or strict liability.

Negligence– It describes a situation in which a person acts in a careless (or “negligent”) manner, which results in someone else getting hurt or property being damaged. The manufacturer did not give out the likely precautions against any defect that might occur and injure the user. He should have indicated any possible defect as a precaution as no product can endure forever.

3. Identify potential manufacturer defenses. Explain

The manufacturer can defend himself in that the defect was unplanned, and it wasn’t a designing error. He could also have the take that the aim was not to damage the potential buyer, and every possible care has been taken while designing and manufacturing the product. It can also be the careless usage of the product or poor handling during distribution.

1.  Discuss whether or not strict liability and/or negligence would apply to the scenario.

No. It will not apply because the consumer was made aware of the condition of the product and you go ahead to use the product without any precaution. The manufacturer new that would happen so they warn you against the same as precautionary measure which you need to take care but due to your carelessness you go ahead to assume it would not happen. When it happens the manufacturer will have defense to the claims you make since he warned you before.

2.  Examine the doctrine you would utilize in a lawsuit against CARDWARE.

The doctrine of negligence and liability of physical harm would be applied in this case against card ware. After the manufacturer knew that the product has a defect he should have looked for possible solutions before distributing the product to the user but rather went ahead to distribute the product.

3.  Discuss the various defenses available under the chosen tort.

· Unavoidable dangers- Some dangers are unavoidable and therefore cannot be avoided during manufacturing stage of the product. For this reason therefore, the user needs to take great care when handling the product so as to avoid the injury or danger.

· Ignorance- The manufacturer or the user might have been ignorance to the products defects thus led to user problems. This could be used to defend the claim.

Reference:

Gasaway, Robert R. 2002. “The Problem of Tort Reform: Federalism and the Regulation of Lawyers.” Harvard Journal of Law and Public Policy 25.

Best, Arthur, and David W. Barnes. 2003. Basic Tort Law: Cases, Statutes, and Problems. New York: Aspen.

Calnan, Alan. 2003. A Revisionist History of Tort Law. Durham, N.C.: Carolina Academic Press.

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How would u respond to Tanya

Would you report the incident to the Consumer Product Safety Commission? Explain.

As a mother I would definitely report this incident to the Consumer Product Safety Commission because it is a safety concern for other children as it was for Kendra in this situation. Any clothing company making items for younger children should never be putting anything tiny of their items, as this is a well-known choking hazard.  

-Discuss whether you would sue the manufacturer/CARDWARE based on negligence or strict liability.

I would have to check the label of the product to be able to decide if there is a base for suing the manufacturer/CARDWARE based on negligence or strict liability. There is a specific sub-category of product liability lawsuits pertaining to choking hazard claims on behalf on injured children. Companies have to follow product liability laws that require them to warn consumers of potential choking hazards associated with their products, usually this is also accompanied by age requirements or suggestions. So if I find that the product does not have the appropriate labeling warning of this potential choking hazard, then yes it is appropriate for me to sue based on injuries. I would have to be able to prove beyond a reasonable doubt that there was indeed negligence on the manufacturers side, only then would the manufacturer be liable for the damaged caused by the product (Matzo, 2018).

-Identify potential manufacturer defenses. Explain.

The manufacturer could come back and claim that this does not fall within their requirements because their sweaters are not made for children three and younger which is the standard age requirement that specifies detailed regulations for these products and that with their product being intended for older consumers that only general warnings were required of their products. 

If their product is properly labeled, then this would absolve CARDWARE of liabilities in a choking a case. Since there are wide varieties to these laws according to each state case, the law would change depending on the place where you reside. 

-Discuss whether or not strict liability and/or negligence would apply to the scenario.

To be able to prove that strict liability and/or negligence applies we would need show that the sweater was sold in an unreasonably dangerous condition, that CARDWARE expected that the sweater would reach the consumer without changes, and that the sweater injured Kendra. Because strict product liability is not automatic liability, this would be a hard case for Kendra’s mom to win. This is because she would have to successfully defend her case in that the sweater was not used in a way that she knew could cause injury, that Kendra’s careless actions was not the contributing factor to her injury, and that Kendra’s interaction with this sweater did not cause the charm to fall off, that it indeed was not fastened properly (Boeschen, 2018). 

-Examine the doctrine you would utilize in a lawsuit against CARDWARE.

The doctrine I would utilize for a lawsuit against CARDWARE would be of Strict Liability in Tort for Defective Products. 

-Discuss the various defenses available under the chosen tort.

The defenses under the Strict Liability Tort for Defective Products are Consent, When Plaintiff is the wrongdoer, Inevitable Accident, Act of God, Act in Relation to Private Defense, Necessity, and Act Done in Respect to Statutory Authority (Agarwal, 2014).

Reference

Matzo, Zachary. (2018). Product Liability Lawsuits for Choking Hazards. Retrieved from http://www.alllaw.com/articles/nolo/personal-injury/product-liability-lawsuits-choking-hazards.html

Boeschen, Coulter. (2018). Strict Product Liability Laws. Retrieved from http://www.alllaw.com/articles/nolo/personal-injury/strict-product-liability-laws.html

Agarwal, Aditi. (2014). General Defenses in Torts. Retrieved from https://www.lawctopus.com/academike/general-defenses-in-torts

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