BUS 670 Legal Environment of Business
Negligent Tort
Instructor Leah Westerman
May 19, 2014
Coleman Product Safety Recall
“On May 9 of 2014, Coleman issued a recall on its popular Northstar Liquid Fuel Lanterns, recall number 14-171. The hazard associated with this product is that an incorrect glass feed tube was installed in the lantern. Due to the tube, being incorrect once the lantern is lit the tube can release too much fuel, potentially lead to fire, and burn hazards. Coleman urges its consumers to stop using the product unless otherwise instructed and notes that it is illegal to resell or attempt to resell a recalled consumer product (CPSC.gov, 2014).”
Recall Details
“Coleman states that there are about 95 units involved in this recall.” “This recall involves Northstar® liquid fuel lanterns with model number 2000B750 and date codes 10 13 or 11 13. The model number is printed on the base of the lantern, under the lighting instructions. The date code is stamped on the underside of the lantern. A Coleman logo sticker is affixed to the front of the lantern base.” “The green lanterns measure about 13” tall by 7” wide by 7” deep. The firm has received two reports of lanterns catching fire when fuel unexpectedly leaked from the bottom of the unit. No injuries have been reported.” “Coleman urges its consumers to immediately stop using the recalled lanterns and contact The Coleman Company, Inc. for a replacement lantern. The lanterns were sold at sporting goods stores nationwide and online at coleman.com from November 2013 through February 2014 for about $125. The Coleman Company, Inc. of Wichita, Kansas manufactured the lanterns in the United States (CPSC.gov, 2014).”
Would Manufacturer Have Been Liable if There Was No Recall
The law requires that all persons have a responsibility to take the actions that are needed to avoid causing foreseeable injury to other persons. If a person neglects to take the proper actions and the outcome of this is injury to other persons, the a negligence of tort can arise. A suit for negligence, must establish four elements: the defendant had a duty of care; the defendant breached that duty of care owed him or her; the breach directly caused the plaintiff's injuries; and the plaintiff did in fact suffer physical or mental harm or injury (Seaquist & Coulter, 2012).
Requirements for Negligence
Duty of Care
“Duty of care is the standard of behavior expected of a person in a particular situation, as circumstances changes so does the standard of one’s expected care (Seaquist & Coulter, 2012).” The Coleman Company acted with duty of care as the circumstances regarding the lanterns use had changed. They realized that the lanterns faulty tub could cause harm to their customers. Therefore, they recalled the item and requested that consumers cease using the lantern.
Standard of Care
“Standard of care is the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would exercise. If a person's actions do not meet this standard of care, then his/her acts fail to meet the duty of care, which all people (supposedly) have toward others (TheFreeDictionary.com, n.d.).” After receiving reports of their lanterns catching fire the Coleman Company took action to find out why and to pull the item from store shelves. The circumstances regarding the lantern changed when it was discovered that a fuel tube used in the design of the lantern was faulty and the proper caution was taking by the Coleman Company.
Breach of the Duty of Care
“A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard. A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries (Rotlaw.com, n.d.).” Coleman produces products that require them to have a duty toward their customers, case in point a gas lantern. They exercised reasonable care that was
