Negligence Tort-Burt’s Bees Case Study
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Burt’s Bees
Recalled Product:
Infant coveralls
Reason:
Hazard: The snap at the crotch of the coveralls can detach, posing a choking hazard to infants.
Remedy:
Refund
Recall date:
June 29, 2017
Units:
About 8,500 (in addition about 44 were sold in Canada)
Liability Tort-Burt’s Beesto the Manufacture.
The manufacturer would have been responsible for any liability arising from the risks associated with the consumption of the company products. The law demands that the manufactures should be responsible for the manufacturing defects even when they claim that they observed possible care in the production of the product (Miller & Cross, 2013). Likewise, Burt’s Bees would have been liable if the infant coveralls would have injured the consumers.
Manufactures’ Due care
Manufactures should ensure they exercise due care while creating the product. If the manufacture fails to observe due care in order to make the product safe and as result someone from the hazardous effects of the product suffer injuries then, the manufacture becomes liable for negligence. When manufacturing infant coveralls, Burt’s Bees owed a due care to the consumers. This why they recalled the product back and refunded the customers.
Standard Care:
Standard care requires that the company will be a responsible producer (Owen, 2010). That means that the company has all the qualities of a business entity. Burt’s Bees observed a standard care when they learnt their product was not safe for the consumption by the manufacturer (Consumer Product Safety Commission , 2017). The recalling of products and refunding the customers was a good sign of a company exercising standard care.
Breach of the Duty of Care:
To determine whether the producer breached the duty of care, the law focuses on establishing what happened and determine whether the defendant acted unreasonably. Failure, to observe due observe due care is termed as a breach of duty of care. Burt’s Bees breached duty of care by manufacturing products that had hazardous effects to the infants.
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References
Consumer Product Safety Commission . (2017, July 3). Burt’s Bees Baby Recalls Infant Coveralls Due to Choking Hazard. Retrieved from Consumer Product Safety Commission : https://www.cpsc.gov/Recalls/2017/Burts-Bees-Baby-Recalls-Infant-Coveralls
Miller, R. L., & Cross, F. B. (2013). The Legal Environment Today: Business In Its Ethical, Regulatory, E-Commerce. South Western: Cengage Learning.
Owen, D. G. (2010). The Five Elements of Negligence. Hofstra Law Review, 35(4), 1671-1686.
Standler, R. B. (2011). Elements of Tort in USA. Washington : U.S. Government .