Product Liability Terms and Definitions

Civil Liability In a civil lawsuit, if a party is found to be at fault, that party is liable. This is equivalent to a guilty verdict in the criminal system, except that civil liability usually means that the party at fault pays money damages to the other party, whereas the guilty party in a criminal suit may have to go to prison. Express Warranties Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging. Warranties Fitness and merchantability The two most important warranties created by U.C.C. Article 2 are the warranty of merchantability (2-314) and the warranty of fitness for a particular purpose (2-315). The warranty of merchantability is a promise that the goods are fit for the ordinary purpose for which goods of that type are used. Asbestos or other asbestos-containing products Products that have liability lawsuits and Class action lawsuits, asbestos is considered dangerous to your health. This product is heavily regulated for use and removal. Implied Warranties Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose. Prescription Drug Any donated, previously dispensed, prescription drug Shall not have been adulterated, misbranded, or stored under conditions contrary to standards established by the United States Pharmacopoeia or the product manufacturer. Seller A person who sells or contracts to sell goods. UCC 2-103(1)(d) Product Liability Fairness Act Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs Manufacturing Defect When one particular product out of many like products has a flaw that makes it unreasonably dangerous, it is said to have a manufacturing defect. Unjust Enrichment The general principle of unjust enrichment is that one person should not be able unjustly to enrich himself at the expense of another.

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	Did You Know?
	300,000 COSCO® “Rock ‘N Roller” baby strollers can be dangerous If the stop pins are bent or missing or the seat is not fully attached, the seat can partially detach from the frame during use and the infant occupant can be injured in a fall. There have been 77 reports of problems related to the stroller seats. Injuries included one child who fell and had a slight concussion and another child who cut his forehead and required stitches. Additionally, there were 46 reports of bumps and bruises.