Product Liability Terms and Definitions

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. 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. 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. 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. 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. 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. Unjust Enrichment The general principle of unjust enrichment is that one person should not be able unjustly to enrich himself at the expense of another. Torts law A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Product Liability Fairness Act Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs Extended warranty A service contract is sold separately and is a promise to pay for certain repairs or services. Service contracts are usually high-profit add-ons, costing hundreds to more than $1,000.

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	Did You Know?
	The CPSC warns consumers about the hazard of exposure to consumer products containing asbestos These products include: Asbestos paper and millboard,Asbestos-cement sheet,Dry-mix asbestos furnace or boiler cement,Asbestos wood/coal stove door gaskets,Asbestos laboratory gloves and pads,Asbestos stove mats and iron rests,Central hot-air furnace duct connectors containing asbestos,Bulk asbestos fibers,Some of these products still are for sale or may be in consumers' homes. Handling these products may release asbestos fibers; breathing asbestos fibers is known to cause cancer.