Product Liability Terms and Definitions

Marketing Defect The failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use. 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. State of the Art At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available. 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. 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. Dispute Resolution Programs During mediation, both sides involved in the dispute meet with a neutral third party and create their own agreement jointly. In contrast, in arbitration the third party decides how to settle the problem. 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. 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. 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. Causation If you find that the product is defective because it failed to provide a warning when one was reasonably required or because the warning was inadequate, then you will go on to consider the element of causation.

Contact our Kentucky 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.