Product Liability Terms and Definitions

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. 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 Distributor Retailer and all middlepersons (learned intermediary, R3d Torts) Marketing Defect The failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use. 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. 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. 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. 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. Strict Products Liability The legal liability of manufacturers and sellers to compensate buyers, users, and bystanders for damages or injuries suffered because of defects in good purchase or a tort which makes the manufacturer or seller liable if the product has a defective condition that makes it unreasonably dangerous. 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?
	420,000 Bowflex fitness machines by Nautilus Direct could be dangerous Nautilus Direct and CPSC have received at least 70 reports of the backboard benches breaking, resulting in at least 59 back, neck and shoulder injuries. Nautilus Direct has received at least 18 reports of the "Lat Tower" rotating forward and falling, resulting in at least 14 back, neck, shoulder, teeth, nose and head injuries, some of which required stitches.