Product Liability Terms and Definitions

Goods All things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid Assumption of Risk This means that you knew of the risks in using the product, but you decided to use the product anyway. Seller A person who sells or contracts to sell goods. UCC 2-103(1)(d) State of the Art At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available. US CPSC U.S. Consumer Product Safety Commission, they monitor products and issue recalls 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. Online Pharmacies If an online pharmacy requires you to waive your legal rights in order to do business with it, reconsider your purchase. A waiver of liability should not be necessary to receive your drugs. Product Liability Fairness Act Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs Failure to Warn not provide adequate warnings or instructions to advise users of the product that they would have to do certain things to avoid being injured by using the product. Failure to provide adequate warnings or instructions, where they are necessary 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.

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	Did You Know?
	At the end of 2002, CPSC had reports of 5,239 ATV related deaths Deaths and injuries associated with all-terrain vehicles (ATVs) have shown an increasing trend in the last several years. This was an increase of 698 deaths from 2001. These additional reported deaths occurred during the years 1999 to 2002. Of these reported fatalities, about one-third were children under 16 years old. Fourteen percent were under 12.