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. Lemon laws Help protect consumers by requiring a refund or replacement if a substantial problem is not fixed within a reasonable number of attempts or if the vehicle has been out of service for a certain number of days 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. 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. 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 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. 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. Advertising The act of calling something to the attention of the public especially by paid announcement. Product Liability Fairness Act Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs 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.

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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.