Discussion Post:

After reading the case, do you think gun manufacturers should be held strictly liable for the harm caused by their products? Why or why not? Is it good public policy?

CASE

Julia Activist, a prominent women's rights activist, is a resident of Metropolitan City, Florida. She was the mother of eighteen-year-old Barry. Barry lived at home with her, while attending Metropolitan Community College. On Barry's 15th birthday, she took out an insurance policy on Barry in the amount of $1,000,000, and named herself as the insurance policy's beneficiary. Two weeks after his 18th birthday, Barry died mysteriously of a heart attack.

Reporter, a reporter for the Daily Star (Metropolitan's daily newspaper), discovered the existence of the insurance policy on Barry's life. Also, Reporter gained access to the coroner's unofficial, preliminary report which stated that Barry may have died as a result of poisoning, possibly administered through Barry's food over a period of several months. Reporter spoke with Officer Ripken, an officer with the Metropolitan City Police Department. Officer Ripken did not participate in the investigation of Barry's death. Officer Ripken told Reporter the following: "I would not be surprised if Ms. Activist were to become a suspect in Barry's death and to be charged with murder by tomorrow." Reporter did not verify this information. Reporter did not speak with either the coroner or Ms. Activist.

The next day, The Daily Star ran the following story on page one of its local section: PROMINENT MOM SUSPECTED IN SON'S DEATH Barry, the son of Julia Activist, died yesterday of a mysterious heart attack. Activist is a prominent women's rights activist and resident of Metropolitan City. Foul play is suspected in Barry's death and Activist is a suspect. A reliable source confirmed that Activist will be charged with Barry's murder in the very near future. Angered by the Daily Stars allegations, Activist wrote the Daily Star a scathing letter and requested a retraction. Activist was neither charged with nor arrested for Barry's death. After an autopsy, the coroner's official report stated that Barry's heart attack was caused by a rare heart condition. The Daily Star printed a retraction after the release of the official autopsy report.

Lecture Part 2:

Now having read the fact pattern, what tort do you think applies? If you said defamation, you are correct! Defamation of character is a false statement made by one person about another. In court, the plaintiff must prove that the defendant made an untrue statement of fact about the plaintiff and the statement was intentionally or accidentally published to a third party.

There are two forms of defamation: Libel and slander. Libel is a false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, and so on, while slander is oral defamation of character. Here in this case, Ms. Activist was clearly defamed by the Reporters actions and libel would be the appropriate action.

So now, lets take a look at the second part of this unit, products liability. Below are some key concepts for review:

Products liability refers to the liability of manufacturers, sellers, and others for the injuries caused by defective products. The injured party may pursue legal remedies under one of three categories below:

• Strict liability: A tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, regardless of fault.
• Liability without fault: Liability that is imposed on a party even though he or she has exercised all possible care and has not been at fault for the injuries suffered by the plaintiff; also known as strict liability.
• Chain of distribution: All manufacturers, distributors, wholesalers, retailers, lessons, and subcomponent manufactures involved in a transaction.

Lets discuss some ethical situations as it relates to products liability cases. Read the Legal/Ethical Reflection and Discussion section on page 309.