QUESTION

Does the firm owe an ethical duty to take this product off the market?

Asked on Nov 12th, 2012 on Entertainment Law - California
More details to this question:
A sports and recreation company sells a product that is capable of seriously injuring consumers who misuse it in a foreseeable way. What conflicts might arise if the firm stops selling this product?
Report Abuse

2 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
Update Your Profile
Firms rarely take products off the market just because of the potential that some idiot can misuse the product. Every product can be misused somehow and way too often the misuse is intentional on the part of the consumer. Pharmaceutical products are a good example of this. A product is usually recalled only when significant harm results from normal use or if the product contains a feature that is known to cause harm, such as small removable parts on toddler toys that can be easily swallowed. The cost of removing a product from the market is enormous and includes in-house and possibly government investigation of the alleged flaws of the product, reimbursing merchants for advanced payments, changing advertising campaigns, recovering and safely disposing of or repairing the recalled products, informing the public of the recall, replacing the product on the shelves with another product when possible, addressing possible drops in the value of the company's stock, and redesigning the manufacturing process and possibly even the manufacturing facility.
Answered on Nov 14th, 2012 at 3:18 PM

Report Abuse
Susan Marie Basko
Every piece of sports and recreation equipment can cause serious injury or death if misused. Many products carry a certain amount of risk, even when used properly. Such things include bikes, roller blades, skateboards, trampolines, swimming pools, ATV 3-wheeler bikes, and electric cars for children. People need to learn to choose equipment carefully, to read and follow instructions and warnings, and to use equipment properly. If a misuse is foreseeable, the manufacturer might put a warning on the product or packaging. Parents and teachers might warn of it.Parents should supervise their children and teach them common sense. A lot of common sense is learned from one's parents, and today, many parents seem to lack it. And there are certain risk levels associated with certain activities, and we accept those risks when we choose to do the activity. If a parent buys a child a skateboard, most likely, sooner or later, that child will have a skateboard injury, such as a broken wrist or leg. That's what is known as a foreseeable risk. If an injury would devastate your family financially or with added responsibilities, do not buy the risky product.Ethical responsibilities of a manufacturer or seller of a product most likely apply if a product is defective or dangerous. Then, the product will usually be recalled. Do sellers need to stop selling properly-made bikes, because it is foreseeable that some bikers will jump off ramps? What about the rest of us who just want to ride bikes? Do sellers have to stop selling soccer balls, because it is foreseeable that some people will stand and balance on the balls, pretending to be a circus act, and then fall off? Ethics come into play more when the risk is not so foreseeable, even if the misuse is foreseeable or unforeseeable. For example, a few years back, some children were killed or severely injured when they hung or swing on portable soccer goal nets that then tipped over and crushed them. One child had made a goal, was excited, and jumped up and swung on the frame of the net. Most people would not foresee that this would result in the boy's death. The nets were said to be good for their intended use as soccer goals, but not good for use as gymnastics or playground equipment. Ethics might say to remove the nets because they pose a danger. Another side of ethics might say to keep the nets because they have given millions of children the chance to be on soccer teams in locations that do not have dedicated or adequate soccer fields. In the end, financial liability of lawsuits will usually rule the day over ethics.
Answered on Nov 14th, 2012 at 11:53 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters