Featuring Consumer Choices of Consumable Products for Health Benefits: Evolving Issues from Tort and Product Liabilities
Keywords:
Consumer, Tort, Product Liability, Health, Legal IssuesAbstract
The Latin maxim volenti non fit injuria, which translates to & to one who consents, no harm is done has long been a cornerstone of tort law. This idea, which makes a distinction between activities that are morally wrong and those that are socially acceptable, based on permission, is essential to determining culpability in tort cases. Although customer expectations can occasionally have a significant impact on liability evaluations, it is still unclear why liability laws focus only on customer preferences in certain situations while ignoring them in others. The idea that this area of tort law undervalues individual decision-making is reinforced by the fact that, while consumer choice may theoretically limit liability under the assumed-risk doctrine, this idea does not stand alone as a defense in products liability cases. The value put on individual autonomy and self-determination is reflected in the relevance of consent in tort law. This emphasizes the idea that being a morally autonomous individual primarily involves having
the capacity to freely enter into agreements and give up rights. This paper deeply dive in the diverse provisions concerning consumer choices of consumable products for health benefits as evolving issues from tort and product liabilities.
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