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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.
NEISS stands for CPSC’s National Electronic Injury Surveillance System
2003 NEISS estimates have been produced from a sample of 98 hospitals, including children’s hospitals. Information from NEISS is available to the public through CPSC’s National Injury Information Clearinghouse (phone: 301-504-7921) and online
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News about product liability cases in Ohio and nationwide:
Definition:
If you are partially or wholly at fault, or you caused your own injuries, you may not be able to recover any compensation.
Failure to Warn
Definition:
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
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.
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