Product Liability Terms and Definitions

US CPSC U.S. Consumer Product Safety Commission, they monitor products and issue recalls 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. Manufacturing Defect When one particular product out of many like products has a flaw that makes it unreasonably dangerous, it is said to have a manufacturing defect. 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. 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. Seller A person who sells or contracts to sell goods. UCC 2-103(1)(d) 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. Product Liability Fairness Act Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs Dispute Resolution Programs During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem. 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.

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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.