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The company subject to recall in this case is ZEN MAGNETS, LLC and the product subject being Zen Magnets. These are rare earth magnetic balls that are imported as well as distributed by Zen Magnets limited liability Company, which is also the respondent (Cane, 1997).

Negligence can be described as the failure to carry out or exercise the care that a reasonable, prudent person would exercise when it comes to a particular activity or circumstance. It involves the cause of harm by carelessness as opposed to intentional harm (Del, 2003). The main idea behind the tort of negligence is to ensure that people should take the necessary precaution when it comes to activities that present potential harm to other people, which might be foreseeable under scrutinization. So as to constitute a tort of negligence, certain elements of the activity ought to be present, and they are the duty of care, breach of the duty, direct cause or factual cause as a result of the use of the product, legal causation or involvement of the outcome and harm, as a result (Cane, 1997).

As per the case of Zen Magnets Limited Liability Company, the subject product that they have on sale to consumers for personal use purposes around permanent or temporary households, as well as schools, in the intention of recreating particularly aimed at young children with the advertising tag off, “fun to play with”, as well as ‘look good on cute people’ are on the basis of stress relief and a way to get rid of boredom. So as to establish the product’s sale as negligent, there has to be the essence of the product creating a huge risk of injury to the public, which, as presented in the case, it does (Cane, 1997). On the basis that the product was mainly developed for children to play with, the danger of children under the age of 14 presents itself on the basis that this child may, as of the development behavior, place single or multiple contents of this magnetic balls in their mouths, which may they may end up swallowing (Cane, 1997). Another risk that presents itself by the use of the subject product is the ingestion of the product as a result of teenagers with the aim of mimicking piercing of the lips, cheeks and the tongue (Cane, 1997).

As a result of swallowing two or many more of the magnetic products, the magnetic forces pulls them together, which, by a greater chance, will cause a pinch or a trap of the intestinal walls and other digestive tissues between them. This will lead to acute and long term consequences in the deterioration of health of the individual involved (Cane, 1997). The results of the latter will lead to tissue injury that is progressive with signs such as inflammation and development of ulcers, which will lead to tissue death gradually resulting in fistula formation. The consequences that arise as a result of the latter can by a great deal lead to intestinal infections, sepsis or even death. So as to reverse the swallowing of the product, the methods used are serious and include endoscopic treatment or even surgical removal of the products (Excerpta, 1947, p. 15). The ingestion of these magnetic balls causes symptoms such as abdominal pains, nausea and vomiting. To make the situation worse, it can be easily mistaken for common gastrointestinal upsets that may lead to the doctors blowing away the symptoms as not requiring any immediate medical attention. All this is in addition to the fact that the child may be of an age that he or she may not be able to express him or herself and say that he or she swallowed a particular substance (Cane, 1997). The delay of the removal of this product poses the threat of death. The removal of the magnetic materials may cause the endoscope or the surgical process became complicated. The presence of all these possible outcomes requires duty of care by the manufacturer, which marks one of the requirements of a tort of negligence (Cane, 1997).

So as to actually constitute a tort, there must be presence of prior information that have shown that the consumption of the materials present-proximate cause in the product, which is magnets in this case, have been proved to have negative effects (Del, 2003). As per this case, the information as to the damage that may arise as a result of ingestion of the magnetic material is present with the belief that the consumption of the similar products having caused the side effects that are explained above (Miller, 2004).

Zen Magnets LLC, as with ASTM Standard F963-0S, qualifies for the next element of the tort of negligence in that they failed to comply with the act which states that such products are marketed as suitable for the age of 14+ and instead sold it with the recommendation of 8+. This is a heavy breach of duty, especially on the basis that the parents or the caretakers, as well as the children, may not realize the hazards that arise with the ingestion of this product. Further breach is present on the basis that the warnings are only present in the packaging and not in the products themselves (ASTM, 1970, p. 147).

The third qualification of the third element of the constituents of a tort of negligence is the involvement of legal implications or causation, which occurs in this product due to the fact that it presents harm to the public as a result of misuse by youngsters who have no know about the harms that arise from the ingestion of the magnets (Miller, 2004).

The last element in this product if it was launched is harm which as per the many features that make it appealing to children to ingest (Del, 2003). The health consequence as explained earlier cannot be ignored due to the fact that they impact could be fatal, and the reversal of the swallowing can lead to rise in complications as well as diagnosis could be misled.

The respondent in this case so as to eliminate or reduce the effects that are as a result of the ingestion of this product should have taken the duty of care by marketing the product otherwise in that it should have had the proper age which is 14 and over marked, they should have also taken other better standards of care so as to ensure that the actual injury was eliminated or at least reduced at great lengths such as reducing the magnetic power in the products as well as labeling them differently as well as putting better as well as more serious warnings on the products that they plan to sell so as to reduce the cases that revolve around this matter (Del, 2003).

Chapter 8 of the consumer protection statute, concerns the consumer law and it pays close attention to the areas in which the language minorities are more likely to be affected in terms of commercial transactions and consumer liability as per discussion in this topic (Miller, 2004). The statute provides that it is the responsibility of the manufacturers to translate the warnings and the advisories for the language minority members of the public making the purchase. The product in discussion does not adhere to this rule and only gives a special warning as well as advisor to a wrong age group (Del, 2003). The respondent also goes wrong in the labeling of the item in that they call it a “science kit” so as to make the product’s acceptability to a wider audience which it is not and it turn lowers the age limit that it is not supposed to sell their products based on (Del, 2003, p. 7).

The respondent in this case is, therefore, guilty of the tort of negligence on all qualifications due to the fact that they did not look at the effects that would arise from the product’s ingestion even after considering the age that they sold it to (Miller, 2004).