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August 24, 2010
Product-Liability
             
 
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Product Liability Terms and Definitions

 

 

Implied Warranties
Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose.

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.

Seller
A person who sells or contracts to sell goods. UCC 2-103(1)(d)

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.

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.

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.

Advertising
The act of calling something to the attention of the public especially by paid announcement.

Merchant
A person who deals in the goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.

Contact our Alabama Product Liability Lawyer Now!

 

 
Did You Know?    
 
 
In 2002, there were an estimated 212,400 toy-related injuries
The individual body parts having the most injuries overall were faces (45,400), heads (27,100) and mouths (16,200). Lacerations, contusions, and abrasions were involved in over half of the total injuries (53%). CPSC has reports of 13 children who died in toy-related deaths in 2002.

 


  Newsroom  
 


News about product liability cases in Alabama and nationwide:

Speed Buckle Harnesses Used During Mountain and Rock Climbing Recalled for Fall Hazard
Rock climbing and mountaineering specialty shops nationwide from December 2005 through July 2006 for between $40 and $75.

The harness ...

Read more >


Proposed FDA Rule Preempts State Product Liability Laws
Back-door approach seeks powers denied by Congress and the courtsWASHINGTON, D.C. - The Food and Drug Administration is attempting a back...
Read more >


Construction Industry Is Leading
Groups that have endorsed the Gorton-Rockefeller substitute include: National Federation of Independent Business, National Association of Manufactu...
Read more >


More Product Liability News >

 
 

Product Liability Terms

 


Today's Terms

Design Defect

Definition:
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.

Goods

Definition:
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

Secret warranties

Definition:
In dealing with defects in autos & new car parts sometimes free repairs are not publicized, they are called "secret warranties." Some states have passed laws requiring vehicle owners be notified of secret warranties.

More Product Liability Terms >

 

Product Liability Resources

 


Search Product Liability resources in our resource center:

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Product Liability Hot Topics

 
Topics Related to Product Liability:

  • Automobiles
  • Cribs
  • Strollers
  • Tires

More Product Liability Topics >

Alabama Product Liability Attorney

 
If you live in the following cities and need an product liability attorney you should contact our Product Liability Attorney as soon as possible:

  • Alabaster
  • Albertville
  • Alexander City
  • Anniston
  • Athens
  • Atmore
  • Auburn
  • Bay Minette
  • Bessemer
  • Birmingham
  • Cullman
  • Daphne
  • Decatur
  • Dothan
  • Enterprise
  • Fairhope
  • Florence
  • Fort Payne
  • Gadsden
  • Hartselle
  • Huntsville
  • Madison
  • Mobile
  • Montgomery
  • Opelika
  • Ozark
  • Pelham
  • Phenix City
  • Pinson
  • Prattville
  • Selma
  • Sylacauga
  • Talladega
  • Theodore
  • Trussville
  • Tuscaloosa
  • Wetumpka
 


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