Product Liability Terms and Definitions

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. 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 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. 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. Negligence Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person. State of the Art At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available. 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. 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. 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. 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

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	Did You Know?
	NEISS stands for CPSC’s National Electronic Injury Surveillance System 2003 NEISS estimates have been produced from a sample of 98 hospitals, including children’s hospitals. Information from NEISS is available to the public through CPSC’s National Injury Information Clearinghouse (phone: 301-504-7921) and online