BMGT 380 Lecture Notes - Lecture 23: Summary Judgment, Listeria

• School: University of Maryland
• Department: Business and Management
• Course: BMGT 380
• Professor: Gideon Mark

Document Summary

Negligent tort theory, 2 kinds, negligence tort theories, strict liability tort theories, 4 kinds of negligence theories, 1. Negligent manufacture of the product: 3 basic things, 1. Defendant has exclusive control to whatever it is that injured you: 2. Ordinarily the injury you suffered would not occur unless there was some kind of negligence: 3. You were not responsible for your injury: 2. Negligent inspection: manufacturer has the highest duty of inspection to inspect for defects that create a reasonably foreseeable risk of harm. If you fall further along the chain such as wholesaler/retailer, you have a duty to inspect if you learned or should have learned about a problem: e. g. supermarket got cheese form a certain dairy. Negligent failure to warn: you have a duty to warn consumers if your products present a reasonably foreseeable risk of harm. The specificity of the warning-how specific was it: 2. The likelihood and magnitude of the foreseeable risk.