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Product Liability Fairness Act
Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs
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.
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.
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.
Lead Poisoning
Paints & outdoor play products, since lead poisoning symptoms does not break down naturally, it can be present in your home's dust, paint or soil, or in your drinking water or your food until it is removed.
Inadequate Warning
Manufacturers not only have a duty to warn, but they may also have to recall a defective product that is already on store shelves. Federal law makes it mandatory to recall certain products, like cars and toys.
Dispute Resolution Programs
During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem.
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.
Warranties
Fitness and merchantability The two most important warranties created by U.C.C. Article 2 are the warranty of merchantability (2-314) and the warranty of fitness for a particular purpose (2-315). The warranty of merchantability is a promise that the goods are fit for the ordinary purpose for which goods of that type are used.
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