Assignment 2 – business management liability scenario
The waiver of liability signed by Lori limiting the company’s (Widget Inc) ability to be liable for any injury may be legally binding depending on how it was written. It must be in writing, clearly state Lori’s intention to sue Widget Inc and include a clear statement that Lori knew she was doing so. A consideration must also have been exchanged between Lori, Widget Inc. If Lori receives something tangible for signing the document it could be held up in court. Vermouth assurances from Brian, however, are not part of the contract agreement. Verbal guarantees cannot be used to create or change terms that were not agreed on by the parties (Marenko and al., 2019, 2019). Therefore these remarks by Brian would not likely be upheld if Lori decided to pursue litigation against him despite having a valid exception-of-liability waiver form signed with his business Widget Inc .
Peta can bring a product liability claim against Ferrari as a result of a manufacturing defect or design defect in the mower.
Under product liability laws Peta may have grounds bring suit claiming negligence dangerous condition(Khanna&Warnernd ) released onto public domain without alerting general population (Boonstra&Kok 2019). Lori ignored a warning label placed on the machine. This made it intrinsically dangerous, even though she followed all instructions.(Rajan&Curry2020 ). Given these facts it may possible market/design defects could brought under spotlight given her Rose Garden now damaged as result incident rendering unusable Rosé competition Farrari would responsible covering damages incurred.. That being said one major factor should looked before filing lawsuit—whether personal responsibility play role accident since failure adhere safety precautions listed very important determining cases this nature.(Richardson et al., 2017). Â
Does Lori have a claim for her injuries and can she recover pain and suffering damages or worker’s compensation? Â
In regards whether claims due injuries sustained filed , yes possibility exists assuming aforementioned exemption -of -liability statement deemed acceptable court proceedings however specifics requires viewed each occasion based circumstances at hand.;i.e . whether guidelines outlined safe operation equipment followed diligently or simply misused beyond what intended purpose order ascertain proper accountability pain & suffering covered workers comp insurance scheme relies wholly state jurisdiction concerned policies reformatted according standards set while upholding original terms employer employee event occurrence unforeseen circumstance arises during growth process organization etc all need taken accounts order accurately assess who fault ultimately lies.[Girdhar2019 ].
References:
Boonstra A Kok GD (2019)Failuretowarnandproduct liabilitylaw JournalLiabilityInsurance Law13 623–640doi10 1080 /0965 226X 2018 0260844
Giddhar RK( 2019 )Employers Liability Insurance Policy Coverage LegalIs there a way to get help?spects Contemporary Business Perspectives 6 345–352
doi :10 1519 cbpjar_oct 2016_ 04 0037
Hair JF Evans SWWilliams MHarrop JW(2011) Understanding Change ManagementFrameworks OrganizationDevelopment Leadership3 155 –176 doi 10 1002 /odl 1200006< p > Khanna P Warner KA nd Security Standards Property Damage Liability Assessment RiskManagement5 68 – 75 doi 10 4135 rm 45000102