Product Liability Terms and Definitions

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. 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. Distributor Retailer and all middlepersons (learned intermediary, R3d Torts) Seller A person who sells or contracts to sell goods. UCC 2-103(1)(d) 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. Goods All things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid 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. Express Warranties Promises stated outright by the manufacturer or seller. They are usually in advertisements or on a product’s packaging. State of the Art At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available. 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.

Contact our Texas Product Liability Lawyer Now!

	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.