Legal Environment and Potential Liability: Salty Pawz Business

Legal Environment and Potential Liability: Salty Pawz Business

Wanda as the sole owner of the Salty Pawz business owes a duty of care to her customers.  Wanda knows that it is possible for her ingredients to be contaminated meaning she understands the risk she poses to her customers.  She thus owes the duty of making sure that her dog treats are safe for dogs consumption. In the legal environment, this situation is known as negligence. If any of her products are recalled, she will be labeled to be negligent.

If there is a potential contamination of a batch of treats, Wanda will be facing charges under the negligent tort.  The plaintiff in this case will have to prove that Wanda owed a duty of care, which she breached.  A breach of duty of care occurs when the defendant in this case Wanda, fails to recognize the potential harm she is posing to the customers.  First, the plaintiff will have to prove that actual injury occurred and it was caused by the contaminated food.  If the plaintiff proves this, then Wanda is deemed to have breeched the duty of care.

One strategy Wanda can use to protect against lawsuits is to make her customers accept the risks involved when she is selling them the treats. This way, the customers will be deemed to have assumed the risk involved in which case Wanda will not be held liable. In addition, Wanda can advice her clients not to mix her treats with any other dog food. This will help determine whether it is her treats, which caused the actual damage. If the customer happened to have mixed the treats with other food, then Wanda is not liable.

 

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