Torts in The Exploding Air Bags

Based on the news headline, outline and explain two (2) other types of torts a business may be liable for and explain why.(Do not use the video example as one of your own suggestions.) Then, explore some of the steps a company may take to avoid liability for the torts you discussed. Be sure to provide legal support for your analysis.

Based on the news headline, the potentially lethal and defective airbags are dangerous and posing more inconvenience for millions of car owners. According to the video, the flying metal in the airbags has been the cause of deaths. The tort in the video is the strict liability tort (Kennedy, 2014). Two other types of torts that a business may be liable for are negligence and intentional torts.

Tort of negligence refers to the careless conduct of a business that results to damage or injury to an individual. A business is not said to commit a negligent tort if the action is deliberate. However, the business commits a negligent tort if it fails to act reasonably to the person it owes a duty (Weber, 2014). For instance if the canisters are left in the airbags by mistake, negligent torts would be said to take place when clients are injured. For a company to legally avoid liability of a negligence tort, it should not owe duty to its clients. If the company owes a duty to its clients, it should not breach it. If injury or damage occurs to the client, breach of duty owed by the company should not be the proximate or actual cause.

Intentional tort committed by a business refers to the civil wrong that it engages in to cause damage to its clients. A company can avoid being liable to intentional torts by avoiding doing wrong to its clients by intent. In addition, the company can legally avoid an intentional tort by ensuring that its actions do not cause harm to clients. Businesses should avoid threats that may cause harm, as such threats can be used as proof of intention to cause harm (Weber, 2014). For instance, if the manufacturer in the video had mentioned that the flying metal in airbags can cause harm, then an intentional tort is committed when harm occurs.

References

Kennedy B. (2014). Why the Takata airbag recall is different. Available at https://www.cbsnews.com/news/why-the-takata-air-bag-recall-is-different/

Weber, C. (2014). The Reasons Behind The Rules In The Law Of Business Torts. American Business Law Journal, 2(1), 41-67. http://dx.doi.org/10.1111/j.1744-1714.1964.tb01245.x

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