Quote: PenWing said: Um...how is the manufacturer negligent? Seriously, take me through this, step by step. Talking about guns here, nothing else.
Negligence Claims :
In a negligence claim a plaintiff must show that a manufacturer, seller, wholesaler or other party involved in the distributive chain or group had a duty to exercise reasonable care in the process of manufacturing or selling a product and failed to fulfill that duty, resulting in injury to the plaintiff. Negligence consists of doing something that a person of ordinary prudence would not do under the same or similar circumstances or failing to do something that a person of ordinary prudence would do under the same or similar circumstances. This can take the form of negligence in drawing up or reviewing plans for a product, negligence in maintaining the machines that make the component parts of the product, negligence in failure to anticipate probable uses of the product, negligence in failure to inspect or test the product adequately, negligence in issuing no warnings or instructions or inadequate warnings or instructions, negligence in releasing the product into the stream of commerce, or any other aspect of the manufacturing or distribution process where due care is not used.
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