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Product Liability Fairness Act
Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs
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.
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.
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.
Seller
A person who sells or contracts to sell goods. UCC 2-103(1)(d)
Secret warranties
In dealing with defects in autos & new car parts sometimes free repairs are not publicized, they are called "secret warranties." Some states have passed laws requiring vehicle owners be notified of secret warranties.
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.
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.
Negligence
Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.
Express Warranties
Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging.
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