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product liability :: legal definition


Product liability - n. the responsibility of manufacturers, distributors and sellers of products to the public, to deliver products free of defects which harm an individual or numerous persons and to make good on that responsibility if their products are defective. These can include faulty auto brakes, contaminated baby food, exploding bottles of beer, flammable children's pajamas or lack of label warnings. Examples: Beauty Queen Hair Products makes a hair-permanent kit in which the formula will cause loss of hair to women with sensitive scalps, and Molly Makeup has her hair done at the Bon Ton Beauty Shop and suffers scalp burns and loss of hair. Molly has a claim for damages against Beauty Queen, the manufacturer. Big Boy Trucks makes a truck with a faulty steering gear, bought by Tom Holdtight. The gear fails and Holdtight runs off the road and breaks his back. Holdtight can sue Big Boy for the damages. The key element in product liability law is that a person who suffers harm need prove only the failure of the product to make the seller, distributor and/or manufacturer reliable for damages. An injured person usually need only sue the seller and let him/her/it bring the manufacturer or distributor into the lawsuit or require contribution toward a judgment. However, all those possibly responsible should be named in the suit as defendants if they are known.

See also: warrant warranty and Related Law Terms ↓


Related Law Terms

abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
conservator :: n. a guardian and protector appointed by a judge t ... ies. See also: conservatee guardian
constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment.
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property.
limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error
royalty :: n. a percentage of gross or net profit or a fixed ... also: copyright infringement patent
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant
search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
spontaneous exclamation :: n. a sudden statement caused by the speaker having ... et hit the girl." See also: hearsay
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.

Popular Law Searches

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forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
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Other Law Terms - P

paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute
panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander
panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire
paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud
par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock
paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys.
paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title
parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward
parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption
parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person.
pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto
parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county.
parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright
parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule
parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document.