PRODUCT LIABILITY

Product Liability

Product Liability

Introduction

The liability imposed on the parties involving in manufacturing of any product, as a result of product failure or cause of harm by its use is termed as product liability. The courts of nearly all countries define strict laws for the companies or parties that become liable for selling or marketing defective or unhealthy products. The product liability is essentially important for the companies involved in producing food items or medicines, as the consumers are humans, and defective products can cause most adverse effects, in comparison to any other product.

This paper presents the case of international fast food chain McDonalds, which had to face law suits filed against it, for the cause of marketing and selling the food products, which are high in fats. The major focus of the law suit was the fact that McDonalds was responsible for developing obesity, and serious health risks in the American children.

Discussion

Product liability is one of the major issues for which businesses tend to be susceptible, as they claim and assure that their products are safe for the consumers; this assurance provides the business and companies with the success. The more the company creates safety assurance in the consumers, the more successful it becomes in gaining customers' satisfaction, confidence and hence the community of loyal customer goes on increasing. On the other hand, the companies which fail to meet their assurance claims, by delivering faulty products, lose the game.

The Company

McDonald's is one of the largest fast food chains that operate internationally. The

company has its branches in more than 119 countries, and approximately the food chain serves 68 million customers on daily basis. The fast food chain is mainly famous for its hamburgers, cheese burgers, French fries, ice creams and milkshakes. In addition to these basic items, the company has added various other items in its menu, over the period of past few years. Despite of having a large number of loyal customers, the food chain often has to face the claims of providing unhealthy food to the consumers, and also to be involved in deceptive marketing activities.

Product Safety Issue and the Reason for Law Suit

In 2002, law suit was filed by a group of obese American Children against McDonalds. The main focus of the law suit was the claim that the food chain was engaged in marketing unhealthy products, without revealing the correct nutritional facts and the dangers of fast food to the public (Mello, 2003). This litigation resulted in developing highly negative reputation in the public, as media intensely highlighted the issue.

Legal Theories Used by Plaintiff

The legal system ensuring the safe and healthy products for the community encourages the companies to produce and deliver the quality products. The monitoring systems of every country, including United States monitor the performance of companies and work on any legal suits filed against the companies for product liability.

Over past many decades, courts have been answering the questions and law suits filed against the companies that had failed to meet ...