Product Liability Terms and Definitions

Asbestos or other asbestos-containing products Products that have liability lawsuits and Class action lawsuits, asbestos is considered dangerous to your health. This product is heavily regulated for use and removal. Advertising The act of calling something to the attention of the public especially by paid announcement. 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. 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. Lead Poisoning Paints & outdoor play products, since lead poisoning symptoms does not break down naturally, it can be present in your home's dust, paint or soil, or in your drinking water or your food until it is removed. Manufacturing Defect When one particular product out of many like products has a flaw that makes it unreasonably dangerous, it is said to have a manufacturing defect. 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. 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. 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. 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.

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	Did You Know?
	The CPSC warns consumers about the hazard of exposure to consumer products containing asbestos These products include: Asbestos paper and millboard,Asbestos-cement sheet,Dry-mix asbestos furnace or boiler cement,Asbestos wood/coal stove door gaskets,Asbestos laboratory gloves and pads,Asbestos stove mats and iron rests,Central hot-air furnace duct connectors containing asbestos,Bulk asbestos fibers,Some of these products still are for sale or may be in consumers' homes. Handling these products may release asbestos fibers; breathing asbestos fibers is known to cause cancer.