This week’s question concerns liability and moral responsibility in consumer products. As the question is multi-part, the answer will be likewise. To begin, the first question addresses who should be liable for the voluntary actions of others. Specifically, if substantial information concerning the hazards of a product or service has been offered to the consumer, who is to blame if someone is injured? Similar to most questions derived from this course, the answer is “it depends.” From a legal standpoint, the contract or arrangement must first be analyzed. If, for example, the activity is a high risk activity such as sky diving or feeding sharks on a scuba dive, then the legal concept of “duty of care” obviously plays a major role. Without sufficient training, education, and discussion of the inherent risks, potential problems, and possible results of mishaps, the seller is not fulfilling his or her duty warn the buyer of known risks or hazards. In this case, the seller would be legally required to warn the buyer that a failure to exercise reasonable care poses an unreasonable risk of harm (McCarty, 279). If the buyer has been properly apprised of the level of care necessary to avoid unreasonable risk, the buyer then assumes the risk, and subsequent liability, should tragedy occur. This is due to the “Assumption of Risk” liability defense that states that if the plaintiff knew, or should have known, of the risk inherent in a particular situation and voluntarily assumes that risk, then the defendant is not liable for the plaintiff’s injury even if the defendant was negligent. In this case, if the sky diving company requires 4 hours of classroom training before the first jump to thoroughly cover the risks of the activity and the prospective jumper voluntarily assumes the risks, then the skydiving company can not be held liable if the jumper breaks his leg on touchdown because he could not h...
