Product Liability Terms and Definitions

Design Defect If the actual design of a product makes it unreasonably dangerous, then every product with that design is defective. For example, the poor design of the Ford Pinto is what made it defective, and because the design was common to all Pintos, they were all defective in design. Service bulletin Allows dealers to repair the problem at no cost to the customer even if the warranty has expired. A service bulletin notifies the dealer of the problem and how to resolve it. Strict Products Liability The legal liability of manufacturers and sellers to compensate buyers, users, and bystanders for damages or injuries suffered because of defects in good purchase or a tort which makes the manufacturer or seller liable if the product has a defective condition that makes it unreasonably dangerous. 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. Comparative/Contributory Negligence If you are partially or wholly at fault, or you caused your own injuries, you may not be able to recover any compensation. Lead Poisoning Paints & outdoor play products, since lead poisoning symptoms does not break down naturally, it can be present in your home's dust, paint or soil, or in your drinking water or your food until it is removed. Causation If you find that the product is defective because it failed to provide a warning when one was reasonably required or because the warning was inadequate, then you will go on to consider the element of causation. 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. BREACH OF WARRANTY If these warranties are breached (if the promises are broken or if the defendants have misrepresented something), then you may claim the theory of Breach of Warranty. Punitive Damages This term refers to damages awarded to a plaintiff over and above compensatory damages, designed to punish the defendant for particularly outrageous and malicious conduct, and to serve as a deterrent to others.

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	Did You Know?
	The CPSC warns consumers about the hazard of exposure to consumer products containing asbestos These products include: Asbestos paper and millboard,Asbestos-cement sheet,Dry-mix asbestos furnace or boiler cement,Asbestos wood/coal stove door gaskets,Asbestos laboratory gloves and pads,Asbestos stove mats and iron rests,Central hot-air furnace duct connectors containing asbestos,Bulk asbestos fibers,Some of these products still are for sale or may be in consumers' homes. Handling these products may release asbestos fibers; breathing asbestos fibers is known to cause cancer.