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January 05, 2009
Product-Liability
             
 
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Product Liability Terms and Definitions

 

 

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.

Inadequate Warning
Sometimes, a manufacturer doesn’t warn the user of a product’s hazards. Simply putting a warning in a little instruction book or label might not be enough. The warning must adequately inform the user of the hazards.

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.

Seller
A person who sells or contracts to sell goods. UCC 2-103(1)(d)

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.

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.

Negligence
Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.

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.

Express Warranties
Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging.

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

Contact our Utah Product Liability Lawyer Now!

 

 
Did You Know?    
 
 
In 2002, there were an estimated 212,400 toy-related injuries
The individual body parts having the most injuries overall were faces (45,400), heads (27,100) and mouths (16,200). Lacerations, contusions, and abrasions were involved in over half of the total injuries (53%). CPSC has reports of 13 children who died in toy-related deaths in 2002.

 


  Newsroom  
 


News about product liability cases in Utah and nationwide:

ITT Water Technology Inc. Recalls Faulty Pumps for Fire Suppression Systems
ITT Water Technology Inc. has received one report of a pump failing to start during a system test. No injuries have been reported.

A m...

Read more >


Recall of Home Coffeemakers Expands Due To Burn and Fire Hazards
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced an extension of a volunta...
Read more >


FTC Takes Action Against Marketers of Top-Selling Xenadrine EFX
The Federal Trade Commission has filed a federal district court complaint charging Robert Chinery, Jr., Tracy Chinery, and their company, RTC Resea...
Read more >


More Product Liability News >

 
 

Product Liability Terms

 


Today's Terms

Marketing Defect

Definition:
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.

BREACH OF WARRANTY

Definition:
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.

Comparative/Contributory Negligence

Definition:
If you are partially or wholly at fault, or you caused your own injuries, you may not be able to recover any compensation.

More Product Liability Terms >

 

Product Liability Resources

 


Search Product Liability resources in our resource center:

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Product Liability Hot Topics

 
Topics Related to Product Liability:

  • Automobiles
  • Cribs
  • Strollers
  • Tires

More Product Liability Topics >

Utah Product Liability Attorney

 
If you live in the following cities and need an product liability attorney you should contact our Product Liability Attorney as soon as possible:

  • American Fork
  • Bountiful
  • Brigham City
  • Cedar City
  • Clearfield
  • Draper
  • Kaysville
  • Layton
  • Lehi
  • Logan
  • Magna
  • Midvale
  • Ogden
  • Orem
  • Pleasant Grove
  • Provo
  • Riverton
  • Roy
  • Saint George
  • Salt Lake City
  • Sandy
  • South Jordan
  • Spanish Fork
  • Springville
  • Tooele
  • Vernal
  • West Jordan
 


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