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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.
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
Product Liability Fairness Act
Allows unimpaired victims of asbestos exposure to be reimbursed for some medical monitoring costs
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.
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.
Distributor
Retailer and all middlepersons (learned intermediary, R3d Torts)
State of the Art
At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available.
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.
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.
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Did You Know?