Product Liability Terms and Definitions

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. 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. 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. Service bulletin Allows dealers to repair the problem at no cost to the customer even if the warranty has expired. A service bulletin notifies the dealer of the problem and how to resolve it. 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. Warranties Fitness and merchantability The two most important warranties created by U.C.C. Article 2 are the warranty of merchantability (2-314) and the warranty of fitness for a particular purpose (2-315). The warranty of merchantability is a promise that the goods are fit for the ordinary purpose for which goods of that type are used. Assumption of Risk This means that you knew of the risks in using the product, but you decided to use the product anyway. Express Warranties Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging. Implied Warranties Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose. BREACH OF WARRANTY If these warranties are breached (if the promises are broken or if the defendants have misrepresented something), then you may claim the theory of Breach of Warranty.

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	Did You Know?
	In 2002, there were an estimated 212,400 toy-related injuries The individual body parts having the most injuries overall were faces (45,400), heads (27,100) and mouths (16,200). Lacerations, contusions, and abrasions were involved in over half of the total injuries (53%). CPSC has reports of 13 children who died in toy-related deaths in 2002.