Product Liability Terms and Definitions

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. 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 Extended warranty A service contract is sold separately and is a promise to pay for certain repairs or services. Service contracts are usually high-profit add-ons, costing hundreds to more than $1,000. Distributor Retailer and all middlepersons (learned intermediary, R3d Torts) 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. Advertising The act of calling something to the attention of the public especially by paid announcement. Assumption of Risk This means that you knew of the risks in using the product, but you decided to use the product anyway. Inadequate Warning Manufacturers not only have a duty to warn, but they may also have to recall a defective product that is already on store shelves. Federal law makes it mandatory to recall certain products, like cars and toys.

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	Did You Know?
	At the end of 2002, CPSC had reports of 5,239 ATV related deaths Deaths and injuries associated with all-terrain vehicles (ATVs) have shown an increasing trend in the last several years. This was an increase of 698 deaths from 2001. These additional reported deaths occurred during the years 1999 to 2002. Of these reported fatalities, about one-third were children under 16 years old. Fourteen percent were under 12.