duct results in personal injury or property damage (Legal Concepts, 122). Sports and recreational equipment cause serious injuries everyday. There are many reasons for the cause of injury, but most cases of injury are due to product defects (Swartz). These defects are manufacturing, design, and failure to adequately warn. As I have already stated in the beginning of this analysis, product liability has three main theories under which recovery can be made. These recoveries are:
• Negligence
• Strict liability
• Breach of warranty Negligence is the understanding that the producer or manufacturer has the responsibility or duty to applicate a reasonable degree of care. Many people fail to realize that a negligence action in not under a duty to insure that its product will not cause injury; rather, the product merely has to be reasonably safe. The most common incidence of negligence is the manufacturers failure to inspect or test a product. Another common incidences of negligence is the defendants failure to sufficiently caution the user of the dangers the defendant knew about. Another is breach of warranty. Studies have shown that the care taken by manufacturers to warrant reasonable process to the consumer has a lot to be desired. From 1982 to 1984 there were 161 deaths and 128,000 injuries caused by ATV's . This lack of duty can be as much to blame for there petulance as it does to their marketing exploits. One of the most common incidences of negligence associated with products in the manufacturers failure to inspect or test the product. When inspecting the product could have led to discovery of an injury-causing defect, the producer is liable. McCormick V. Lowe & Campbell Athletic Goods disclosed a variety of factors on the reasonableness of the inspection. These factors can include industry advances, the seriousness of the possible harm, the likelihood of the possible harm, and the feasibility of the inspection.
