Decisions in product liability cases sometimes make headlines, with much of the

Question

Decisions in product liability cases sometimes make headlines, with much of the public outraged over what seems to be an excessive recovery for action seen to be the fault of the plaintiff. Is it too easy to recover in product liability? Why has the law changed over the past several decades to eliminate the need to prove negligence? Who wins and who loses as a result of these changes? What changes would you make if you could? Words:0 Path: p 12 po QUESTION 35 Why are patents protected for a limited period of time? Does this argue in favor of not patenting an item? TTI Arial 3(12pt) #T-·-·-·. Words:0 Path: p

Explanation / Answer

1) Decisions in product liability cases which make headlines is of very low percentage. Most of them either don't speak and they simply compromise on the poor quality of the products. Few persons believe that suing the products will ultimately lead to safer products overall, hence they try to probe the matter and drag the companies to courts and play with the reputation of the product. Hence, the headline cases represent a small fraction of product liability cases, and consumers try to be smart and try to mint money from the companies for the poor quality products.

Many companies believe that strict liability leads to safer products overall. And among the general reasons for the imposition of strict liability are the increasing complexity of products (making it harder for consumers to judge their safety) and the multi-layer distribution system whereby a privity requirement or the necessity to prove negligence would often work an injustice. Therefore companies are playing smart as well.

In the United States, some consumers have hailed the rapid growth of product liability litigation as an effective tool for Consumer Protection. The law has changed from caveat emptor ("let the buyer beware") to Strict Liability for manufacturing defects that make a product unreasonably dangerous. Manufacturers and others who distribute and sell goods argue that product liability verdicts have enriched plaintiffs' attorneys and added to the cost of goods sold. Businesses have sought tort reforms from state legislatures and Congress in hopes of reducing damage awards that sometimes reach millions of dollars.

2) Patents provide significantly, a very broad protection for a limited period of time in order to provide an incentive for invention.It is a way to incentivize companies to invest in research and development by allowing them to recover those costs over a life of 20 years without having to compete with companies who just copy the patented product and sell it at a lower price.

The main purpose of the patent system is to promote innovation by granting a temporary "monopoly" over a product in exchange for disclosing the product to the public. Moreover, with a patent, you can be the only company that profits from your invention for 20 years from your filing date. If your product is successful, you'll have competition copying your product. A patent will help you stop people from copying the product for a fixed period.

Related Questions

Navigate

• Browse (All)
• Browse D
• Subjects

---

---

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.