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August 24, 2010
Product-Liability
             
 
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Product Liability News

 

Liability Rules Applicable To Product Sellers, Renters, And Lessors Product Sellers, Rentors, And Lessors Will Be Liable

Liability Rules Applicable to Product Sellers, Renters, and Lessors.Product sellers, rentors, and lessors will be liable only for their own failures and misdeeds: a product seller, rentor, or lessor is liable if the harm that is the subject of the action was caused by (i) his failure to exercise reasonable care, (ii) his intentional wrongdoing, or (iii) the product's failure to conform to his express warranty; failure to inspect the product will not constitute failure to exercise reasonable care if there was no opportunity to inspect the product or an inspection wouldn't have revealed the problem; product sellers are liable as manufacturers if the manufacturer is judgment-proof or not subject to service of process, in which case the statute of limitations is tolled until judgment is entered against the manufacturer; and rentors and lessors are not liable solely by reason of ownership. 104. Defense Based on Claimant's Use of Alcohol. It is a complete defense in a product liability action if the claimant was under the influence of drugs or alcohol and, as a result, was more than 50 percent responsible for the harm.

 

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Did You Know?    
 
 
2.2 million “SMC” brand oscillating floor fans can be dangerous
Floor fans by SMC Marketing Corp. and Home Depot U.S.A., Inc. The recall includes 18-inch, pedestal floor fans with model number SR-18 or SP-18. The damage to the cord can result in a short circuit and possible ignition of the plastic case, posing a fire hazard. CPSC is aware of 31 incidents in which the cord on these fans was damaged, which resulted in smoke and fires. At least nine of these incidents resulted in substantial property damage.

 


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News about product liability cases in Alaska and nationwide:

Troy-Bilt String Trimmer Sold at Lowe’s Recalled for Laceration Hazard
The blade that trims the excess string of these weed trimmers can detach from the plastic shield covering the trimmer head. The blade can be t...
Read more >


Tu-Wire® Dimming Ballasts Used With Compact Fluorescent Lights Recalled for Shock Hazard
These ballasts, if not properly grounded in accordance with the National Electrical Code, can present a risk of electric shock to persons who ...
Read more >


Product Sellers, Rentors, And Lessors
Liability Rules Applicable to Product Sellers, Renters, and Lessors.Product sellers, rentors, and lessors will be liable only for their own failure...
Read more >


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Product Liability Terms

 


Today's Terms

Extended warranty

Definition:
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.

Implied Warranties

Definition:
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

Definition:
Retailer and all middlepersons (learned intermediary, R3d Torts)

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Product Liability Resources

 


Search Product Liability resources in our resource center:

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Product Liability Hot Topics

 
Topics Related to Product Liability:

  • Automobiles
  • Cribs
  • Strollers
  • Tires

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Alaska Product Liability Attorney

 
If you live in the following cities and need an product liability attorney you should contact our Product Liability Attorney as soon as possible:

  • Anchorage
  • Bethel
  • Chugiak
  • Eagle River
  • Fairbanks
  • Juneau
  • Kenai
  • Ketchikan
  • Kodiak
  • North Pole
  • Palmer
  • Sitka
  • Soldotna
  • Wasilla
 


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