Product Liability Terms and Definitions

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. Unanticipated, Unforeseeable, or Unintended Use The product was NOT used in the way it was intended to be used. Or, the manufacturer had no way of knowing that a certain person could access the product. 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. Service bulletin Allows dealers to repair the problem at no cost to the customer even if the warranty has expired. A service bulletin notifies the dealer of the problem and how to resolve it. 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. State of the Art At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available. 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. 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. 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?
	300,000 COSCO® “Rock ‘N Roller” baby strollers can be dangerous If the stop pins are bent or missing or the seat is not fully attached, the seat can partially detach from the frame during use and the infant occupant can be injured in a fall. There have been 77 reports of problems related to the stroller seats. Injuries included one child who fell and had a slight concussion and another child who cut his forehead and required stitches. Additionally, there were 46 reports of bumps and bruises.