Product Labeling and Liability Discussion Dissertation
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Product Labeling and Liability Discussion Dissertation
Discussion Assignment and Peer Responses
*(Use 250-300 words when doing the Discussion Assignment)
W.A.T.C.H. Toy Analysis
Every year, a nonprofit company out of Boston, Massachusetts, known as World Against Toys Causing Harm (W.A.T.C.H.), Inc. puts out a list of the most hazardous toys. Many people use these lists to ensure that they do not purchase toys for children that could cause harm.
For this discussion, assume you work for W.A.T.C.H., and you have decided that the toy described below is a hazardous toy.
Name of toy: Super-duper Squirter and Shooter
Description: This gun looks like the real thing and allows children to learn how to defend themselves at a young age. The gun not only shoots water at a high velocity to scare off your enemies but also can be converted to a spring-powered paintball and chalk dart shooter for tons of fun.
Package Labels and Instructions:
Appropriate for ages six and older.
Safety glasses are provided and should be worn at all times.
Safety glasses may not prevent eye injury.
Do not aim squirter/shooter directly at others.
For outside use.
For your initial response, prepare an explanation of why you have placed this toy on the hazardous toy list.
In addition to describing hazards, you should incorporate course material and terminology related to product liability, such as manufacturing defects, design defects, flawed warnings or lack thereof, or breach of warranties.
You might want to view a recent W.A.T.C.H. report to see what the organization finds to be hazardous about some toys
Remember, the goal is to prevent harm, usually to children.
Here is a link to the W.A.T.C.H. list – http://www.toysafety.org/.
Post replies to at least two other students that are a minimum of one paragraph.
In your replies to other students, critique their reasons for placing the toy on the W.A.T.C.H. list and also suggest a legal defense based. on course material that you might use on behalf of the company producing the toy should it be sued when a child is injured by the toy.
Doing more than the minimum will enhance your grade.
All posts are to be substantial, incorporate course concepts and terminology, and relate to the discussion issue.
You might also want to conduct some independent research to enhance your posts.
*(Respond to each of the two students. Use 150-200 words when responding to students, Start off with (“hello Name”).
This toy has been identified as a hazardous toy with a material design defect and flawed warnings.
The toy is designed to look real and lacks the blaze orange plug required by US Code § 5001, which regulates the commerce of imitation firearms. (Legal Information Institute, n.d.) Additionally, the toy packaging encourages the conversion of the water gun into a propellant-launching toy without providing necessary instructions or safety warnings.
Packaging lacks sufficient warnings and instructions such as the need for parental supervision, a warning against bodily injury by high-velocity water squirting into the face and eyes or blunt force or impact injuries resulting from the toy’s conversion to a shooter. Additionally, the warning to not aim the toy directly at others is insufficient and should specify people, animals, and property (cars, buildings).
Because of the design defect and the manufacturers’ failure to comply with the regulations of imitation firearms, they could be found in strict liability for injuries or damages caused by their product (McAdams, pg. 311)
15 U.S. Code § 5001 – Penalties for Entering into Commerce of Imitation Firearms. Legal Information Institute. Legal Information Institute. https://www.law.cornell.edu/uscode/text/15/5001.
McAdams, T. (2021). Law, Business, and Society (13th Edition). McGraw-Hill Higher Education (US). https://ecampus.vitalsource.com/books/9781260788914
I have placed the “Super-duper Squirter and Shooter” on the hazardous toy list for several reasons. First, this toy shoots water and projectiles which could cause injury to others if the users do not adhere to the proper safety protocols. This toy is targeted at children ages 6 and up, however it requires the use of the provided safety glasses. There is no warning that this product should be used only under the
supervision of an adult. Therefore, it may be unreasonable to expect a six-year-old to be responsible enough to wear the safety glasses. There is also a disclaimer that the safety glasses may not prevent eye injury, thereby the manufacturer is admitting that this is an unsafe toy that they cannot guarantee will not harm a child.
Despite the instructions stating to not aim or shoot directly at others, the product description encourages the opposite behavior. In the product description, it states “allows children to learn how to defend themselves at a young age” which is encouraging children to aim the toy gun and shoot either water or projectiles at other children. The description also states, “The gun not only shoots water at a high velocity
to scare off your enemies…” This implies that this toy could be used as a weapon against unsuspecting people, which could cause harm to other.
In the US, consumer law guarantees that products are safe as long as they are used in a reasonable and foreseeable way. Based on the conflicting directions implied in the product description versus what can be found in the instructions the manufacturer should foresee that a young child would shoot this toy at another person. This type of flawed warning, along with the safety glasses warning, are not effective
enough in assuring the proper use of the toyProduct Labeling and Liability Discussion Dissertation
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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