Negligence and product liability are two of our main topics for this week. Negligence is an unintentional tort because it happens by accident. Product liability arises when one is injured by a defective product.
Consider the scenario below and determine if it describes negligence or product liability. Explain your answer and be sure to discuss the elements of any claims that may arise.
- Larry is a lumberjack. He decides to purchase a new chainsaw. The first time Larry uses the chainsaw, the product malfunctions and Larry is injured.