Product Liability Terms and Definitions

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. Assumption of Risk This means that you knew of the risks in using the product, but you decided to use the product anyway. 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. 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 Secret warranties 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. 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. 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. Design Defect 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. State of the Art At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available. Negligence Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.

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	Did You Know?
	Portable Generators can be very dangerous Between 1990 and 2002, CPSC received reports of 179 carbon monoxide (CO) poisoning deaths associated with portable generators. These products use fuel-burning engines that emit poisonous CO gas in their exhaust.