1st project
Learning Activity W3 2
Learning Activity W3
TO: Winnie James, Ralph Anders
FROM: Daeyoung Yoo
DATE: April 2, 2022
RE: EPI and Clean Product Liability
Introduction
Viral Clean group has launched the products during the coronavirus, and it is a highly competitive time for marketers. Being a member of the consultancy group, I have to guide them that they are making the wrong choice by reselling EPI from their marketplace. The coronavirus has taught that the products should be owned and cleaned of all claims and liabilities. When the company has decided to resale EPI products, there is a list of possible product liability claims.
A. Identify and explain the possible liabilities claims (EXCEPT omit warranty liabilities) Clean could face under product liability law for reselling EPI cleaning products directly to customers from its public place of business.
The first product liability claim that the company could face is the express warranty. The company will resale the products; the strict liability is difficult to give because it is observed that the companies usually create the unique description that the customers get to use the product. It is impossible to give such a description during resale for anything like this. The implied warranty is stricter than the other because Clean does not know how the situation could be changed for the consumers on using the products. Making claims on the products by writing the model safety and the description will be a risk for the company. Section 2-315 of the UCC imposed a liability known as the fitness for a particular purpose. Many resellers claim that the product is fit for a certain purpose, and they remain successful as well, but there is a risk if the product does not remain fit for the mentioned particular purposes. Tort negligence is one of the biggest product liabilities claims that Clean could face because it has not made the product itself. There might be a design error or the product error that may lead to product use issues. It is important to know that the company should be aware of all the above-mentioned products (Government Regulation and the Legal Environment of Business, 2012).
B. Recommend specific actions that Clean could take to reduce its liabilities under product liability law for reselling EPI cleaning products
The company requires certain actions to take to reduce the product liability. First, it should recognize as the reseller instead of a brand. The brand and company are responsible for all the liabilities, torts, and negligence. In contrast, the resellers claim that the modification and the originality of designs depending on the company's real manufacturer. The next step is to use the product before referring it to the customers frequently. For example, the fitness for a particular purpose and the implied liability can only be prevented when Clean employees have personally experienced the product. The company can also reassure that there will be no error or defect after the product comes to Clean, but the real manufacturers are liable for all the defects, errors, and negligence. The customers should claim the product liabilities to the original manufacturers (FindLaw, 2017).
Conclusion
In conclusion, it is suggested that Clean members should be aware of liability claims. The customers and the regulatory authorities can ask for clarification on the product liability. There are various types of product liabilities, and good companies have sufficient information about the products and the relevant claims.
Reference
FindLaw. (2017, January 30). Product Liability: Manufacturing Defects vs. Design Defects - FindLaw. Retrieved April 2, 2022, from https://corporate.findlaw.com/litigation-disputes/product-liability-manufacturing-defects-vs-design-defects.html
Government Regulation and the Legal Environment of Business (2012). Saylor Academy