Product Liability Terms and Definitions

Seller A person who sells or contracts to sell goods. UCC 2-103(1)(d) 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. 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. 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. Distributor Retailer and all middlepersons (learned intermediary, R3d Torts) 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. Failure to Warn 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 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. US CPSC U.S. Consumer Product Safety Commission, they monitor products and issue recalls Advertising The act of calling something to the attention of the public especially by paid announcement.

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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.