Product Liability Terms and Definitions

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. Manufacturing Defect 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. 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. BREACH OF WARRANTY If these warranties are breached (if the promises are broken or if the defendants have misrepresented something), then you may claim the theory of Breach of Warranty. Unanticipated, Unforeseeable, or Unintended Use The product was NOT used in the way it was intended to be used. Or, the manufacturer had no way of knowing that a certain person could access the product. Implied Warranties Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose. Product Safety Recalls Sometimes sale of the item is banned. A manufacturer may establish a recall program that asks consumers to return the defective item for replacement or repair. Seller A person who sells or contracts to sell goods. UCC 2-103(1)(d) Civil Liability In a civil lawsuit, if a party is found to be at fault, that party is liable. This is equivalent to a guilty verdict in the criminal system, except that civil liability usually means that the party at fault pays money damages to the other party, whereas the guilty party in a criminal suit may have to go to prison. 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.

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	Did You Know?
	420,000 Bowflex fitness machines by Nautilus Direct could be dangerous Nautilus Direct and CPSC have received at least 70 reports of the backboard benches breaking, resulting in at least 59 back, neck and shoulder injuries. Nautilus Direct has received at least 18 reports of the "Lat Tower" rotating forward and falling, resulting in at least 14 back, neck, shoulder, teeth, nose and head injuries, some of which required stitches.