t be attributed for the defect. Furthermore, the product does not correspond to its intended description. General Motors and the manufacturer of the sensor have a duty to ensure that the product performs as it is originally intended. In this case, not only does the senor module not perform at all, but also in some instances can actually be the cause of injury.4)Is there a proximate cause between the injury or loss and the failure to meet a particular standard of care?As a result of General Motor’s recall of the Cadillac Deville Sedan and the subsequent warning of the defective sensory module, the company has essentially admitted a proximate cause between the injuries sustained and the failure to meet a designated standard of care. 5)Was the risk of harm reasonably foreseeable? The concept of foreseeability is essentially a control test. The courts place under inquisition whether the risk of harm was reasonably foreseeable by the defendant, or rather would a reasonable person in a similar circumstance have foreseen the risk of harm through their want of care? The court inquiry thus becomes “Did General Motors fail in their ability to foresee a risk of harm”? The article does not give all the necessary finite details of the case to be able to determine whether it was General Motors or the manufacturer of the sensor module that did not act within the confines of a reasonable person as deemed by the courts. Regardless, in the words of Lord Atkin both parties “must take reasonable care to avoid acts or omissions (with) which you can reasonably foresee would be likely to injure your neighbor” (Stewart & Stewart v. Lepage Inc., 1955). Furthermore, both General Motors and the manufacturer of the sensor are dictated by the standards of society to have a high degree of expertise and subsequently an obligation to foresee the risk of harm through the use of their product. AnalysisThe General Motors’...
