28 May Unit 3_LS311_Discussion response
13470Respond or elaborate on the response below:
iHiker could potentially face liability for product defects under a negligence theory, though strict liability is less likely to apply. In negligence, liability arises if the company failed to exercise reasonable care in designing, testing, or maintaining the app, and this failure caused foreseeable harm (such as the app malfunctioning during a race). If a court finds that iHiker should have anticipated the risk of a temporary outage and failed to implement safeguards or warnings, the company could be held liable (Shouse, 2023). Strict liability, by contrast, traditionally applies to tangible products, and courts are divided on whether software qualifies. While some cases suggest software can be treated as a product under limited circumstances, the prevailing view still treats it as a service, making strict liability claims less viable (Furr, 2024). If found liable, iHiker could be responsible for compensatory damages, consequential losses, emotional distress (if proven), and possibly punitive damages in cases of gross negligence.
To limit potential liability, iHiker should include robust express warranties in its user agreements. These should disclaim performance guarantees, cap liability (typically to the cost of the software), and clearly state that the app does not guarantee specific outcomes. Warnings should inform users about possible service interruptions, the importance of not relying solely on the app for critical decisions, and limitations regarding real-time data accuracy. These steps help mitigate user expectations and shield the company from broad claims. A relevant case is Holbrook v. Prodomax Automation Ltd. (2021), where the court held that software controlling industrial machinery could be treated as a product under product liability law. This decision suggests that in certain contexts, software developers may face strict liability if their product causes harm.
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