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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.
Assumption of Risk
This means that you knew of the risks in using the product, but you decided to use the product anyway.
Marketing Defect
The failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use.
Summary Judgment
In a civil action, any party may make this procedural motion, after the Discovery phase, to dispose of the suit before trial has begun.
Inadequate Warning
Sometimes, a manufacturer doesn’t warn the user of a product’s hazards. Simply putting a warning in a little instruction book or label might not be enough. The warning must adequately inform the user of the hazards.
Unanticipated, Unforeseeable, or Unintended Use
The product was NOT used in the way it was intended to be used. Or, the manufacturer had no way of knowing that a certain person could access the product.
Express Warranties
Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging.
Negligence
Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.
Dispute Resolution Programs
During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem.
Product Liability Fairness Act
Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs
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