Analyze the development of tort law from the concept and degree of negligence to the application of the law to strict / product liability. Evaluate the success of tort law in providing solutions to 21st Century health care disputes. Rationalize your answer by using any applicable legal precedents.
Negligence is the failure to use care, as a reasonably prudent and careful person would do under similar circumstances. It is the most commonly asserted cause of action in the United States. When unreasonable conduct becomes the proximate cause of injury to another person or his property, the actor may be liable in Tort for negligence. Generally speaking, negligence laws exist as a non-criminal regulator of conduct in society. Those individuals whose behavior falls below the required minimum standard of care may be liable for the resulting bodily injury, including property damage and death.
Product liability refers to the legal liability of concerned manufacturers and sellers to compensate users, buyers, and even bystanders, for injuries or damages suffered because of defects in goods purchased. There is no such comprehensive federal scheme that governs the law of product liability. Instead, this area of law varies from state to state, and is a creature of a statute or has otherwise now become a part of the common law. Product liability claims are based on different theories of liability, including negligence, strict liability, misrepresentation, or breach of warranty. Strict product liability is described as a “term of art that reflects the judgment that product liability is a discrete area of tort law which has been borrowed from both negligence and warranty” but is not fully congruent with classic tort law or contract law.
In 21st-century health care disputes, there are many cases of negligence by doctors, hospital, or staff. Under the product liability case, they knock the door of the judiciary by stating the defective equipment being used while providing treatment to a patient. After the applicable tort law of any particular area is carefully analyzed, the attorney announces the verdict.