EXPRESS WARRANTIES

A warranty is a guarantee regarding the quality of a product offered for sale.  When a seller makes a representation to the buyer at the time of sale regarding the nature of a product, the product is said to be ...

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THE DUTY TO WARN

Product liability law protects consumers against harms suffered due to defects in the products they purchase. The seller of a defective product can be held liable for the consequences of selling defective merchandise. However, products can pose dangers to users ...

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DESIGN DEFECTS

Design Defects vs. Manufacturing Defects Product liability is the area of law governing liability for products that are defective, and that, as a result, cause economic loss or physical harm to the users of such products. Defective design is an ...

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INTRODUCTION TO PRODUCT LIABILITY

Introduction Product liability is the liability of manufacturers and sellers of products for harm caused by the products they sell. Historically, the principle of caveat emptor (Latin for “buyer beware”) meant that sellers had very little legal responsibility for products once they ...

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CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK

To win a personal injury lawsuit based on negligence, the injured party must prove the elements of negligence.  The elements are (1) duty (2) breach (3) causation and (4) damages.[1]  Once the elements have been established, the question then shifts to whether the defendant may still avoid ...

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MEDICAL MALPRACTICE LAWSUITS

 A licensed physician attends four years of medical school and completes up to seven years of residency training to learn how to effectively and safely treat patients. Not only is the educational process rigorous, but state medical boards closely oversee ...

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THE RULES OF RES IPSA LOQUITUR AND NEGLIGENCE PER SE

The four elements central to any negligence case are duty, breach, causation and damages.[1] There are, however, two special negligence law doctrines that assist in proving the first two elements. These are res ipsa loquitur, which allows negligent behavior (which constitutes the ...

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CONTRIBUTORY NEGLIGENCE AND ASSUMPTION OF RISK

To win a personal injury lawsuit based on negligence, the injured party must prove the elements of negligence.  The elements are (1) duty (2) breach (3) causation and (4) damages.[1]  Once the elements have been established, the question then shifts to whether the defendant may still avoid ...

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MEDICAL MALPRACTICE

Medical malpractice is a tort action seeking damages from a medical professional for injuries suffered due to incompetent medical practice. Medical malpractice actions are typically variants of negligence lawsuits. To sustain an action for medical malpractice, the victim must prove ...

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BASIC ELEMENTS OF NEGLIGENCE

Lawsuits based on negligence represent most of the civil cases filed in American courts.  A person is negligent when his actions fall below a legally recognized standard of care, resulting in injury to another.[1]  All persons have duties to each ...

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