Product Liability Terms and Definitions

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. Causation If you find that the product is defective because it failed to provide a warning when one was reasonably required or because the warning was inadequate, then you will go on to consider the element of causation. 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. Product Liability Fairness Act Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs 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. 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. 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 Distributor Retailer and all middlepersons (learned intermediary, R3d Torts) 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. 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.

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	Did You Know?
	At the end of 2002, CPSC had reports of 5,239 ATV related deaths Deaths and injuries associated with all-terrain vehicles (ATVs) have shown an increasing trend in the last several years. This was an increase of 698 deaths from 2001. These additional reported deaths occurred during the years 1999 to 2002. Of these reported fatalities, about one-third were children under 16 years old. Fourteen percent were under 12.