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Product liability

Index Product liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. [1]

70 relations: American Association for Justice, Argentina, Asbestos and the law, Australia, Automobile products liability, Brazil, California, Car, Causation (law), China, Classified information, Concurring opinion, Consumer protection, Council of Europe, Donoghue v Stevenson, Elasticity (economics), Escola v. Coca-Cola Bottling Co., Euro, European Economic Community, Externality, Implied warranty, Information asymmetry, Israel, Japan, Law and economics, Lawsuit, Legal fiction, Lemon law, Liebeck v. McDonald's Restaurants, MacPherson v. Buick Motor Co., Majority opinion, Malaysia, Market share liability, Moral hazard, Negligence, Negligence per se, Peru, Plain English, Plaintiff, Privity, Product (business), Product Liability Directive 1985, Product recall, Property, Real property, Res ipsa loquitur, Restatement of Torts, Second, Roger J. Traynor, Russia, Skill, ..., South Africa, South Korea, State-owned enterprise, Statute of limitations, Strict liability, Summers v. Tice, Supreme Court of California, Switzerland, Taiwan, Thailand, Tombstone mentality, Tort, Tort reform, Toxic tort, U.S. Consumer Product Safety Commission, U.S. state, United States admiralty law, Warranty, Winterbottom v Wright, Wyeth v. Levine. Expand index (20 more) »

American Association for Justice

The American Association for Justice (AAJ), formerly the Association of Trial Lawyers of America (ATLA) is a nonprofit advocacy and lobbying organization for plaintiff's lawyers in the United States.

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Argentina, officially the Argentine Republic (República Argentina), is a federal republic located mostly in the southern half of South America.

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Asbestos and the law

Litigation related to asbestos injuries and property damages has been claimed to be the longest-running mass tort in U.S. history.

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Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands.

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Automobile products liability

When a person makes a claim for personal injury damages that have resulted from the presence of a defective automobile or component of an automobile, that person asserts a product liability claim.

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Brazil (Brasil), officially the Federative Republic of Brazil (República Federativa do Brasil), is the largest country in both South America and Latin America.

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California is a state in the Pacific Region of the United States.

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A car (or automobile) is a wheeled motor vehicle used for transportation.

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Causation (law)

Causation is the "causal relationship between conduct and result".

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China, officially the People's Republic of China (PRC), is a unitary one-party sovereign state in East Asia and the world's most populous country, with a population of around /1e9 round 3 billion.

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Classified information

Classified information is material that a government body deems to be sensitive information that must be protected.

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Concurring opinion

In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for his or her decision.

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Consumer protection

In regulatory jurisdictions that provide for this (a list including most or all developed countries with free market economies) consumer protection is a group of laws and organizations designed to ensure the rights of consumers, as well as fair trade, competition, and accurate information in the marketplace.

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Council of Europe

The Council of Europe (CoE; Conseil de l'Europe) is an international organisation whose stated aim is to uphold human rights, democracy and the rule of law in Europe.

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Donoghue v Stevenson

was a landmark court decision in Scots delict law and English tort law by the House of Lords.

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Elasticity (economics)

In economics, elasticity is the measurement of how an economic variable responds to a change in another.

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Escola v. Coca-Cola Bottling Co.

Escola v. Coca-Cola Bottling Co., 24 Cal.2d 453, 150 P.2d 436 (1944), was a decision of the Supreme Court of California involving an injury caused by an exploding bottle of Coca-Cola.

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The euro (sign: €; code: EUR) is the official currency of the European Union.

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European Economic Community

The European Economic Community (EEC) was a regional organisation which aimed to bring about economic integration among its member states.

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In economics, an externality is the cost or benefit that affects a party who did not choose to incur that cost or benefit.

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Implied warranty

In common law jurisdictions, an implied warranty is a contract law term for certain assurances that are presumed to be made in the sale of products or real property, due to the circumstances of the sale.

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Information asymmetry

In contract theory and economics, information asymmetry deals with the study of decisions in transactions where one party has more or better information than the other.

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Israel, officially the State of Israel, is a country in the Middle East, on the southeastern shore of the Mediterranean Sea and the northern shore of the Red Sea.

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Japan (日本; Nippon or Nihon; formally 日本国 or Nihon-koku, lit. "State of Japan") is a sovereign island country in East Asia.

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Law and economics

Law and economics or economic analysis of law is the application of economic theory (specifically microeconomic theory) to the analysis of law that began mostly with scholars from the Chicago school of economics.

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A lawsuit (or suit in law) is "a vernacular term for a suit, action, or cause instituted or depending between two private persons in the courts of law." A lawsuit is any proceeding by a party or parties against another in a court of law.

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Legal fiction

A legal fiction is a fact assumed or created by courts which is then used in order to help reach a decision or to apply a legal rule.

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Lemon law

Lemon laws are American state laws that provide a remedy for purchasers of cars and other consumer goods in order to compensate for products that repeatedly fail to meet standards of quality and performance.

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Liebeck v. McDonald's Restaurants

Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a 1994 product liability lawsuit that became a flashpoint in the debate in the United States over tort reform.

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MacPherson v. Buick Motor Co.

MacPherson v. Buick Motor Co., is a famous New York Court of Appeals opinion by Judge Benjamin N. Cardozo which removed the requirement of privity of contract for duty in negligence actions.

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Majority opinion

In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court.

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Malaysia is a federal constitutional monarchy in Southeast Asia.

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Market share liability

Market share liability is a legal doctrine that allows a plaintiff to establish a prima facie case against a group of product manufacturers for an injury caused by a product, even when the plaintiff does not know from which defendant the product originated.

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Moral hazard

In economics, moral hazard occurs when someone increases their exposure to risk when insured.

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Negligence (Lat. negligentia) is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances.

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Negligence per se

Negligence per se is a doctrine in US law whereby an act is considered negligent because it violates a statute (or regulation).

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Peru (Perú; Piruw Republika; Piruw Suyu), officially the Republic of Peru, is a country in western South America.

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Plain English

Plain English (or layman's terms) is language that is easy to understand, emphasizes clarity and brevity, and avoids overly complex vocabulary.

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A plaintiff (Π in legal shorthand) is the party who initiates a lawsuit (also known as an action) before a court.

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Privity is the legal term for a close, mutual, or successive relationship to the same right of property or the power to enforce a promise or warranty.

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Product (business)

In marketing, a product is anything that can be offered to a market that might satisfy a want or need.

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Product Liability Directive 1985

The Product Liability Directive is a directive of the Council of the European Union that created a regime of strict liability for defective products.

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Product recall

A product recall is a request to return a product after the discovery of safety issues or product defects that might endanger the consumer or put the maker/seller at risk of legal action.

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Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.

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Real property

In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things.

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Res ipsa loquitur

In the common law of torts, res ipsa loquitur (Latin for "the thing speaks for itself") is a doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.

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Restatement of Torts, Second

The American Restatement of Torts, Second is a treatise issued by the American Law Institute.

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Roger J. Traynor

Roger John Traynor (February 12, 1900 – May 14, 1983) served as the 23rd Chief Justice of California from 1964 to 1970, and as an Associate Justice from 1940 to 1964.

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Russia (rɐˈsʲijə), officially the Russian Federation (p), is a country in Eurasia. At, Russia is the largest country in the world by area, covering more than one-eighth of the Earth's inhabited land area, and the ninth most populous, with over 144 million people as of December 2017, excluding Crimea. About 77% of the population live in the western, European part of the country. Russia's capital Moscow is one of the largest cities in the world; other major cities include Saint Petersburg, Novosibirsk, Yekaterinburg and Nizhny Novgorod. Extending across the entirety of Northern Asia and much of Eastern Europe, Russia spans eleven time zones and incorporates a wide range of environments and landforms. From northwest to southeast, Russia shares land borders with Norway, Finland, Estonia, Latvia, Lithuania and Poland (both with Kaliningrad Oblast), Belarus, Ukraine, Georgia, Azerbaijan, Kazakhstan, China, Mongolia and North Korea. It shares maritime borders with Japan by the Sea of Okhotsk and the U.S. state of Alaska across the Bering Strait. The East Slavs emerged as a recognizable group in Europe between the 3rd and 8th centuries AD. Founded and ruled by a Varangian warrior elite and their descendants, the medieval state of Rus arose in the 9th century. In 988 it adopted Orthodox Christianity from the Byzantine Empire, beginning the synthesis of Byzantine and Slavic cultures that defined Russian culture for the next millennium. Rus' ultimately disintegrated into a number of smaller states; most of the Rus' lands were overrun by the Mongol invasion and became tributaries of the nomadic Golden Horde in the 13th century. The Grand Duchy of Moscow gradually reunified the surrounding Russian principalities, achieved independence from the Golden Horde. By the 18th century, the nation had greatly expanded through conquest, annexation, and exploration to become the Russian Empire, which was the third largest empire in history, stretching from Poland on the west to Alaska on the east. Following the Russian Revolution, the Russian Soviet Federative Socialist Republic became the largest and leading constituent of the Union of Soviet Socialist Republics, the world's first constitutionally socialist state. The Soviet Union played a decisive role in the Allied victory in World War II, and emerged as a recognized superpower and rival to the United States during the Cold War. The Soviet era saw some of the most significant technological achievements of the 20th century, including the world's first human-made satellite and the launching of the first humans in space. By the end of 1990, the Soviet Union had the world's second largest economy, largest standing military in the world and the largest stockpile of weapons of mass destruction. Following the dissolution of the Soviet Union in 1991, twelve independent republics emerged from the USSR: Russia, Ukraine, Belarus, Kazakhstan, Uzbekistan, Armenia, Azerbaijan, Georgia, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan and the Baltic states regained independence: Estonia, Latvia, Lithuania; the Russian SFSR reconstituted itself as the Russian Federation and is recognized as the continuing legal personality and a successor of the Soviet Union. It is governed as a federal semi-presidential republic. The Russian economy ranks as the twelfth largest by nominal GDP and sixth largest by purchasing power parity in 2015. Russia's extensive mineral and energy resources are the largest such reserves in the world, making it one of the leading producers of oil and natural gas globally. The country is one of the five recognized nuclear weapons states and possesses the largest stockpile of weapons of mass destruction. Russia is a great power as well as a regional power and has been characterised as a potential superpower. It is a permanent member of the United Nations Security Council and an active global partner of ASEAN, as well as a member of the G20, the Shanghai Cooperation Organisation (SCO), the Council of Europe, the Asia-Pacific Economic Cooperation (APEC), the Organization for Security and Co-operation in Europe (OSCE), and the World Trade Organization (WTO), as well as being the leading member of the Commonwealth of Independent States (CIS), the Collective Security Treaty Organization (CSTO) and one of the five members of the Eurasian Economic Union (EEU), along with Armenia, Belarus, Kazakhstan and Kyrgyzstan.

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A skill is the ability to carry out a task with determined results often within a given amount of time, energy, or both.

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South Africa

South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa.

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South Korea

South Korea, officially the Republic of Korea (대한민국; Hanja: 大韓民國; Daehan Minguk,; lit. "The Great Country of the Han People"), is a country in East Asia, constituting the southern part of the Korean Peninsula and lying east to the Asian mainland.

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State-owned enterprise

A state-owned enterprise (SOE) is a business enterprise where the state has significant control through full, majority, or significant minority ownership.

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Statute of limitations

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.

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Strict liability

In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.

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Summers v. Tice

Summers v. Tice, (1948), is a seminal California Supreme Court tort law decision relating to the issue of liability where a plaintiff cannot identify with specificity which among multiple defendants caused his harm.

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Supreme Court of California

The Supreme Court of California is the court of last resort in the courts of the State of California.

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Switzerland, officially the Swiss Confederation, is a sovereign state in Europe.

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Taiwan, officially the Republic of China (ROC), is a state in East Asia.

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Thailand, officially the Kingdom of Thailand and formerly known as Siam, is a unitary state at the center of the Southeast Asian Indochinese peninsula composed of 76 provinces.

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Tombstone mentality

In aviation air safety, a tombstone mentality informally is a pervasive attitude of ignoring design defects until people have died because of them.

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A tort, in common law jurisdictions, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.

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Tort reform

Tort reform refers to proposed changes in the civil justice system that aim to reduce the ability of victims to bring tort litigation or to reduce damages they can receive.

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Toxic tort

A toxic tort claim is a specific type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical or dangerous substance caused the plaintiff's injury or disease.

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U.S. Consumer Product Safety Commission

The United States Consumer Product Safety Commission (CPSC or Commission) is an independent agency of the United States government.

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U.S. state

A state is a constituent political entity of the United States.

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United States admiralty law

Admiralty law in the United States is a matter of federal law.

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In contract law, a warranty has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen.

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Winterbottom v Wright

Winterbottom v Wright (1842) was an important case in English common law responsible for constraining the law's stance on negligence in the 19th century.

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Wyeth v. Levine

Wyeth v. Levine, 555 U.S. 555 (2009), is a United States Supreme Court case holding that Federal regulatory clearance of a medication does not shield the manufacturer from liability under state law.

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[1] https://en.wikipedia.org/wiki/Product_liability

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