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January 07, 2009
Product-Liability
             
 
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Product Liability Terms and Definitions

 

 

Prescription Drug
Any donated, previously dispensed, prescription drug Shall not have been adulterated, misbranded, or stored under conditions contrary to standards established by the United States Pharmacopoeia or the product manufacturer.

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.

Extended warranty
A service contract is sold separately and is a promise to pay for certain repairs or services. Service contracts are usually high-profit add-ons, costing hundreds to more than $1,000.

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.

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.

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.

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.

State of the Art
At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available.

Seller
A person who sells or contracts to sell goods. UCC 2-103(1)(d)

Contact our Hawaii Product Liability Lawyer Now!

 

 
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.

 


  Newsroom  
 


News about product liability cases in Hawaii and nationwide:

American Suzuki Motor Corp. Recalls All-Terrain Vehicles
The mounting brackets used to secure the left-front suspension arm to the ATV frame may not have been welded completely and could break off du...
Read more >


Delta Combination Water Heaters Recalled by Triangle Tube for Carbon Monoxide Poisoning Hazard
Triangle Tube has received one report of a flue leak with the recalled Combination Water Heater during installation. No injuries have been rep...
Read more >


Products Liability Filings Remain High
Products Liability Filings Remain High But Continue Decline Since 2004 Peak, According to Data from LexisNexis Market Intelligence...
Read more >


More Product Liability News >

 
 

Product Liability Terms

 


Today's Terms

Warranties

Definition:
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.

Manufacturing Defect

Definition:
When one particular product out of many like products has a flaw that makes it unreasonably dangerous, it is said to have a manufacturing defect.

Negligence

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

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 >

Hawaii 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:

  • Ahuimanu
  • Aiea
  • Aliamanu
  • Ewa Beach
  • Halawa
  • Hilo
  • Honolulu
  • Kahului
  • Kailua
  • Kaneohe
  • Kaneohe Station
  • Kapaa
  • Kihei
  • Lahaina
  • Makaha
  • Makakilo City
  • Mililani Town
  • Nanakuli
  • Pearl City
  • Schofield 
  • Barracks
  • Wahiawa
  • Waianae
  • Wailuku
  • Waimalu
  • Waipahu
  • Waipio

 


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