Product Liability Terms and Definitions

Express Warranties Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging. 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. 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. Goods All things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid Online Pharmacies If an online pharmacy requires you to waive your legal rights in order to do business with it, reconsider your purchase. A waiver of liability should not be necessary to receive your drugs. Negligence Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person. 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. 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. 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. 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?
	2.2 million “SMC” brand oscillating floor fans can be dangerous Floor fans by SMC Marketing Corp. and Home Depot U.S.A., Inc. The recall includes 18-inch, pedestal floor fans with model number SR-18 or SP-18. The damage to the cord can result in a short circuit and possible ignition of the plastic case, posing a fire hazard. CPSC is aware of 31 incidents in which the cord on these fans was damaged, which resulted in smoke and fires. At least nine of these incidents resulted in substantial property damage.