Product Liability Terms and Definitions

Extended warranty A service contract is sold separately and is a promise to pay for certain repairs or services. Service contracts are usually high-profit add-ons, costing hundreds to more than $1,000. Advertising The act of calling something to the attention of the public especially by paid announcement. Comparative/Contributory Negligence If you are partially or wholly at fault, or you caused your own injuries, you may not be able to recover any compensation. Seller A person who sells or contracts to sell goods. UCC 2-103(1)(d) 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. Assumption of Risk This means that you knew of the risks in using the product, but you decided to use the product anyway. 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 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. 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. 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.

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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.