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Product
Liability News
The Construction Industry Is Leading The Opposition To Section 112 On Workers' Compensation
Groups that have endorsed the Gorton-Rockefeller substitute include: National Federation of Independent Business, National Association of Manufacturers, National Association of Wholesalers-Distributors, and the U.S. Chamber of Commerce. Opponents include trial attorneys and consumer groups. The chemical industry is concerned that the "reduction of damages for misuse or alteration" language in section 105 could be misconstrued. The construction industry is leading the opposition to section 112 on workers' compensation subrogation because they say it would increase workers' compensation litigation and increase costs for employers. Concerned groups include the Associated General Contractors of America, Associated Builders and Contractors, Inc., Alliance of American Insurers, American Insurance Association, and the National Association of Home Builders.
At the end of 2002, CPSC had reports of 5,239 ATV related deaths
Deaths and injuries associated with all-terrain vehicles (ATVs) have shown an increasing trend in the last several years. This was an increase of 698 deaths from 2001. These additional
reported deaths occurred during the years 1999 to 2002. Of these reported fatalities, about one-third were children under 16 years old. Fourteen percent were under 12.
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Definition:
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.
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
Product Safety Recalls
Definition:
Sometimes sale of the item is banned. A manufacturer may establish a recall program that asks consumers to return the defective item for replacement or repair.
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