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David answered on
Dec 23 2021
Business Law and Ethics 1
Running Head: BUSINESS LAW AND ETHICS
Business Law and Ethics
Business Law and Ethics 2
Introduction
Product liability means the product manufacturer company is responsible for any kind of
injury of customers buy their products. Each nation has used different law to protect their
customers and given rights of the customers to claim of the company for its injury. This paper
discusses about the product liability lawsuit that is faced by any company in the last ten years. In
this paper, select the Mitsubishi Motors Corporation v. Laliberte case to discuss the safety issue
that led the product lawsuit. It is a product liability case, a customer Scott Laliberte those have
died after accident driving a 2000 Mitsubishi Native on 25 September, 2004 due to the not
proper running of seat belt of the car (Damoorgian, 2010). The court has given the multi-million
dollar judgment in the favor of the customer and against Mitsubishi Motors Corporation. It also
explains the resolution of this product lawsuit and discuss about the decision of the court in this
case. It also draws the product related changes by the company to ensure safety of its product or
customers.
Description of Mitsubishi Product Liability Lawsuit
In this case, Lyann Agresar was driving and Scott Laliberte was placed in the front
passenger seat in a 2000 Mitsubishi Nativa car in Brevard County, Florida. During driving the
car, Agresar was running it at seventy to eighty-five miles per hour and both were wearing their
seat belts (Thomas, 2011). Suddenly, Agresar was lots of control on the vehicle and the vehicle
olled over in many times. At that time, Laliberte fixed seat belt performed as designed by the
company and tore loose that is providing ten inches of extra seat belt we
ing.
In addition, Laliberte setback changed and move back to the point that it reached the back
seat in the car. After that, it was partially gone out through the back passenger window those had
oken at that time and due to this, it head to come in contact with the ground that is the reason
Business Law and Ethics 3
of his dad (Curiam, 2010). On the other hand, his friend Agresar remaining in the car during this
accident and has not faced any kind of permanent injury. It is a single-vehicle rollover accident
happened in Florida, where any person has died.
Mitsubishi Motor Corporation has introduced this Montero Native car in 2000 and has
not detected faults during crash tests. The company did not report the defects in this car. On the
other hand, Laliberte’s parents aver in their lawsuit on behalf of their son died during the rollover
accident when his friend has been driving the 2000 Montero Native car of Mitsubishi Motors
Corporation (FindLaw, 2013). In addition, Laliberte’s parents wanted the compensation of the
Mitsubishi in the behalf of a product liability lawsuit on the base of the seat recliner mechanism
and seat belt both had inbuilt defects.
At the same time, Peter Laliberte father of Scott Laliberte filed a product liability lawsuit
versus Mitsubishi for wanting compensation on the basis of Florida law of strict liability and
negligence. He claimed that the company design flaws seat belt, seat back and side window glass
made and report that if these would have no defects his son was not dead. He represented the
evidence that seat belt not working properly and
eakage of seat belt would result in death of his
son (Fisk, 2010). On the other hand, he also represented Lyann Agresar those has driven the
vehicle as an important witneinfor this case of product liability lawsuit.
Legal Theories Used By the Plaintiff to Recover in this Lawsuit
Laliberte’s used theories related to product liability lawsuit and used the Florida law
elements of action for negligence in a products liability case. According to Florida law, the
manufacturer must design a product that is reasonably safe for use and in the case of having an
injury, the manufacturer is responsible for plaintiff damages and it is also largely caused by the
manufacturer's
each of duty (Howard, 2010). On the other hand, as per the Florida law,
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plaintiff requires to establish relationship between the defect and the harm faced by the user of
the product. On the basis of these aspects of Florida law, Laliberte’s charged a product liability
lawsuit against Mitsubishi for compensation of its son death.
In addition, this lawsuit was resolved by the court judgment and a West Palm Beach Jury
had given judgment in the favor of Laliberte’s that Mitsubishi Motor Corporation will pay $11
million of plaintiffs for a Product Liability suit. The court has given judgment on the basis of the
jury inspection report related to 2000 Mitsubishi Nativa car (Niland, 2011). On the other hand,
Laliberte’s firstly requested that the court becomes a jury and given them instruction for
inspecting two Mitsubishi Montero sport utility vehicles for evidence purposes. The court was
given approval of it and during the inspection, the jurors were discovered that the both vehicle
front passenger seatbacks would not fully recline. The jury founded that there is some problem
with the passenger seats and the passage seat also moves does not fix or operates such as driver...