Vicarious Strict and Product Liability Discussion
Sample Answer for Vicarious Strict and Product Liability Discussion Included After Question
Vicarious Strict and Product Liability Discussion
Description
Discussion Question 1: Liability in Injuries Caused by Pest Control
The following discussion question touches on vicarious liability, as well as strict liability and product liability.
Acme Pest Control Co. is called in to fumigate the Wheatley Apartments, which have developed a serious roach infestation. Wheatley is in a heavily populated city block and shares a wall with an adjacent apartment building. Acme recommended a chemical that is widely used to treat roach infestation. The chemical is toxic and can be fatal to humans and animals; therefore, it can be used only in vacant premises by specially trained technicians. It takes about 10 hours to dissipate and leaves no residue.
Prior to spraying the building, Eldon, an Acme employee, spends hours at Wheatley to ensure that the chemical they are going to use will not spread to the adjacent building through the shared wall. Eldon determines that the wall is a fire wall about three feet thick. The owner of the neighboring building assures Eldon that the wall is impenetrable. Other Acme staff members examine the blueprints to confirm their findings. They examine the entire visible wall for cracks or faults and find none. Acme ensures that Wheatley is vacant and begins to fumigate. Unknown to anyone, there is a crack in the wall, but it is located below the floor and is undetected. The fumes leak into the neighboring building, unobserved by any of the Acme staff. During the next hour, several residents of the neighboring building begin to collapse or go into seizures. The building manager calls the fire department and the paramedics for help. Fortunately, none of the injured people succumb to the dangerous chemical; however, several of the tenants suffer permanent internal injuries.
After reviewing the assigned course materials and conducting brief research, analyze who is liable for the injuries, if anyone, and under what theory. Provide suitable explanation to justify your answer.
Discussion Question 2: Liability for Pitching Machine Malfunction
The following discussion question touches on vicarious liability, as well as strict liability and product liability.
Lisa and Renee are at a batting cage practicing for their upcoming softball tournament. The pitching machine allows the batter to set the speed of the pitch anywhere from 20 mph to 95 mph. Lisa is one of the best batters in the country and can regularly hit balls thrown over 80 mph. Renee sets her pitches for a more sedate 50 mph. The girls are in the batting cage together and Lisa is up to bat. Both athletes have individually handcrafted bats made to their specifications by a local bat maker. Lisa bats twenty pitches and then turns the bat over to Renee. After resetting the pitching machine, Renee takes her stance and gets ready. The pitching machine malfunctions, however, and pitches to Renee at 80 mph. She swings wildly and the bat cracks in half. The bat hits Lisa on the head knocking her unconscious. The ball hits Renee on the head knocking her unconscious.
A Sample Answer For the Assignment: Vicarious Strict and Product Liability Discussion
Title: Vicarious Strict and Product Liability Discussion
Lopes Write Policy
For assignments that need to be submitted to Lopes Write, please be sure you have received your report and Similarity Index (SI) percentage BEFORE you do a “final submit” to me.
Once you have received your report, please review it. This report will show you grammatical, punctuation, and spelling errors that can easily be fixed. Take the extra few minutes to review instead of getting counted off for these mistakes.
Review your similarities. Did you forget to cite something? Did you not paraphrase well enough? Is your paper made up of someone else’s thoughts more than your own?
Visit the Writing Center in the Student Success Center, under the Resources tab in LoudCloud for tips on improving your paper and SI score.
Late Policy
The university’s policy on late assignments is 10% penalty PER DAY LATE. This also applies to late DQ replies.
Please communicate with me if you anticipate having to submit an assignment late. I am happy to be flexible, with advance notice. We may be able to work out an extension based on extenuating circumstances.
If you do not communicate with me before submitting an assignment late, the GCU late policy will be in effect.
I do not accept assignments that are two or more weeks late unless we have worked out an extension.
As per policy, no assignments are accepted after the last day of class. Any assignment submitted after midnight on the last day of class will not be accepted for grading.
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Communication
Communication is so very important. There are multiple ways to communicate with me:
Questions to Instructor Forum: This is a great place to ask course content or assignment questions. If you have a question, there is a good chance one of your peers does as well. This is a public forum for the class.
Individual Forum: This is a private forum to ask me questions or send me messages. This will be checked at least once every 24 hours.
Important information for writing discussion questions and participation
Welcome to class
Hello class and welcome to the class and I will be your instructor for this course. This is a -week course and requires a lot of time commitment, organization, and a high level of dedication. Please use the class syllabus to guide you through all the assignments required for the course. I have also attached the classroom policies to this announcement to know your expectations for this course. Please review this document carefully and ask me any questions if you do. You could email me at any time or send me a message via the “message” icon in halo if you need to contact me. I check my email regularly, so you should get a response within 24 hours. If you have not heard from me within 24 hours and need to contact me urgently, please send a follow up text to
I strongly encourage that you do not wait until the very last minute to complete your assignments. Your assignments in weeks 4 and 5 require early planning as you would need to present a teaching plan and interview a community health provider. I advise you look at the requirements for these assignments at the beginning of the course and plan accordingly. I have posted the YouTube link that explains all the class assignments in detail. It is required that you watch this 32-minute video as the assignments from week 3 through 5 require that you follow the instructions to the letter to succeed. Failure to complete these assignments according to instructions might lead to a zero. After watching the video, please schedule a one-on-one with me to discuss your topic for your project by the second week of class. Use this link to schedule a 15-minute session. Please, call me at the time of your appointment on my number. Please note that I will NOT call you.
Please, be advised I do NOT accept any assignments by email. If you are having technical issues with uploading an assignment, contact the technical department and inform me of the issue. If you have any issues that would prevent you from getting your assignments to me by the deadline, please inform me to request a possible extension. Note that working fulltime or overtime is no excuse for late assignments. There is a 5%-point deduction for every day your assignment is late. This only applies to approved extensions. Late assignments will not be accepted.
If you think you would be needing accommodations due to any reasons, please contact the appropriate department to request accommodations.
Plagiarism is highly prohibited. Please ensure you are citing your sources correctly using APA 7th edition. All assignments including discussion posts should be formatted in APA with the appropriate spacing, font, margin, and indents. Any papers not well formatted would be returned back to you, hence, I advise you review APA formatting style. I have attached a sample paper in APA format and will also post sample discussion responses in subsequent announcements.
Your initial discussion post should be a minimum of 200 words and response posts should be a minimum of 150 words. Be advised that I grade based on quality and not necessarily the number of words you post. A minimum of TWO references should be used for your initial post. For your response post, you do not need references as personal experiences would count as response posts. If you however cite anything from the literature for your response post, it is required that you cite your reference. You should include a minimum of THREE references for papers in this course. Please note that references should be no more than 5 years old except recommended as a resource for the class. Furthermore, for each discussion board question, you need ONE initial substantive response and TWO substantive responses to either your classmates or your instructor for a total of THREE responses. There are TWO discussion questions each week, hence, you need a total minimum of SIX discussion posts for each week. I usually post a discussion question each week. You could also respond to these as it would count towards your required SIX discussion posts for the week.
I understand this is a lot of information to cover in 5 weeks, however, the Bible says in Philippians 4:13 that we can do all things through Christ that strengthens us. Even in times like this, we are encouraged by God’s word that we have that ability in us to succeed with His strength. I pray that each and every one of you receives strength for this course and life generally as we navigate through this pandemic that is shaking our world today. Relax and enjoy the course!
Hi Class,
Please read through the following information on writing a Discussion question response and participation posts.
Contact me if you have any questions.
Important information on Writing a Discussion Question
- Your response needs to be a minimum of 150 words (not including your list of references)
- There needs to be at least TWO references with ONE being a peer reviewed professional journal article.
- Include in-text citations in your response
- Do not include quotes—instead summarize and paraphrase the information
- Follow APA-7th edition
- Points will be deducted if the above is not followed
Participation –replies to your classmates or instructor
- A minimum of 6 responses per week, on at least 3 days of the week.
- Each response needs at least ONE reference with citations—best if it is a peer reviewed journal article
- Each response needs to be at least 75 words in length (does not include your list of references)
- Responses need to be substantive by bringing information to the discussion or further enhance the discussion. Responses of “I agree” or “great post” does not count for the word count.
- Follow APA 7th edition
- Points will be deducted if the above is not followed
- Remember to use and follow APA-7th edition for all weekly assignments, discussion questions, and participation points.
- Here are some helpful links
- Student paper example
- Citing Sources
- The Writing Center is a great resource