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Inadequate Warning
Sometimes, a manufacturer doesn’t warn the user of a product’s hazards. Simply putting a warning in a little instruction book or label might not be enough. The warning must adequately inform the user of the hazards.
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.
US CPSC
U.S. Consumer Product Safety Commission, they monitor products and issue recalls
Advertising
The act of calling something to the attention of the public especially by paid announcement.
State of the Art
At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available.
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.
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.
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.
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.
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.
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