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February 06, 2012
Product-Liability
             
 
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Product Liability News

 

Liability Rules Applicable To Product Sellers, Renters, And Lessors Product Sellers, Rentors, And Lessors Will Be Liable

Liability Rules Applicable to Product Sellers, Renters, and Lessors.Product sellers, rentors, and lessors will be liable only for their own failures and misdeeds: a product seller, rentor, or lessor is liable if the harm that is the subject of the action was caused by (i) his failure to exercise reasonable care, (ii) his intentional wrongdoing, or (iii) the product's failure to conform to his express warranty; failure to inspect the product will not constitute failure to exercise reasonable care if there was no opportunity to inspect the product or an inspection wouldn't have revealed the problem; product sellers are liable as manufacturers if the manufacturer is judgment-proof or not subject to service of process, in which case the statute of limitations is tolled until judgment is entered against the manufacturer; and rentors and lessors are not liable solely by reason of ownership. 104. Defense Based on Claimant's Use of Alcohol. It is a complete defense in a product liability action if the claimant was under the influence of drugs or alcohol and, as a result, was more than 50 percent responsible for the harm.

 

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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.

 


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News about product liability cases in Maine and nationwide:

FDA Statement on Foodborne E. coli O157:H7 Outbreak in Spinach
Update:  Wednesday, September 20, 2006

The U.S. Food and Drug Administration (FDA) will continue to provide the public with regular up...

Read more >


LeapFrog Recalls to Repair Children’s Activity Centers Due to Arm Entrapment Hazard
 

A child’s arm can become caught in the activity center’s plastic tube, posing a risk of injury to children.

LeapFrog has rec...

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Orphan drugs: the question of products liability
Orphan drugs, essential for the treatment of persons with rare diseases, generally are unprofitable for manufacturers to develop and market. While ...
Read more >


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Product Liability Terms

 


Today's Terms

Failure to Warn

Definition:
not provide adequate warnings or instructions to advise users of the product that they would have to do certain things to avoid being injured by using the product. Failure to provide adequate warnings or instructions, where they are necessary

Negligence

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

Unanticipated, Unforeseeable, or Unintended Use

Definition:
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.

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 >

Maine 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:

  • Auburn
  • Augusta
  • Bangor
  • Biddeford
  • Brunswick
  • Lewiston
  • Portland
  • Saco
  • Sanford
  • Scarborough
  • South Portland
  • Waterville
  • Westbrook
  • Windham
 


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