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Torts law
A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
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.
Assumption of Risk
This means that you knew of the risks in using the product, but you decided to use the product anyway.
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.
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.
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.
Negligence
Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.
Punitive Damages
This term refers to damages awarded to a plaintiff over and above compensatory damages, designed to punish the defendant for particularly outrageous and malicious conduct, and to serve as a deterrent to others.
Product Liability Fairness Act
Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs
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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