Case Analysis – Liebeck V. McDonald’s Restaurants.
Case Analysis – Liebeck V. McDonald’s Restaurants: Comparative Negligence and Product Liability cases form a significant part of the business law.
Cases involving these tort laws have become rampant in the US judicial system, and they have elicited a myriad of debates in the realm of business legal and ethical conduct.
The recently enacted third restatement of the tort of product liability explains that. Alarge majority of cases have adopted comparative negligence principles in the strict product liability cases. Furthermore, courts may not restrict comparative negligence to instances of product misuse or voluntary and unreasonable assumption of risk (Best & Barnes, 2007).
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and balances and control measures in place that deter and penalize frivolous lawsuits and curb excessive jury verdicts Cain (2008). The case elicited numerous strong opinions about the US legal systems.
And gave birth to a movement that would reduce the number of lawsuits – the “tort reform” (Meiners et al., 2012), this provided different examples of how the legal processes at times work to protect both the rights of individual plaintiffs as well as the corporations they sue.
I strongly believe that in this case, the judge and the jury attentively listened to arguments of the two parties, the plaintiffs and the defendants. Reviewed evidence provided at the time of trial, considered all applicable laws governing each case and came to a firm decision in favor of the plaintiff in the “McDonald’s hot coffee case.
Bagley, C.E. & Savage, D.W. (2010). Managers and the legal environment: Strategies for the 21st century (6th Ed.). Mason: Southwestern-Cengage Learning.
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