product liability law

exemplary damages

Overview

Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff. Punitive damages are considered punishment or damages intended to dissuade and are typically awarded...

foreseeability

Foreseeability asks how likely it was that a person could have anticipated the potential or actual results of their actions. This is a question in contract and tort law. The standard that courts use is that of “reasonability.” In contract law...

foreseeable risk

A foreseeable risk is when a reasonable person in a given situation should know that specific harm might occur as a result of their actions. For example, if a person buys fireworks, then handles them incorrectly, and burns their finger, this...

frolic and detour

Frolic and Detour is a phrase describing actions taken by an employee that fall in varying degrees outside of the scope of employment. Generally, a “detour” constitutes a minor departure from an employee’s duties but is still considered...

front pay

Front pay is money awarded for lost compensation that usually occurs in employment discrimination or anti-retaliation cases. It is measured from the date of the trial onward until the court comes to a decision. The ultimate objective is to...

FTCA

The Federal Tort Claims Act of 1946 (FTCA) is a monumental bill that enabled the Federal government to be sued for tortious activities of its employees within the scope of their employment. Prior to this legislation, sovereign immunity...

lemon

An automobile is a lemon if, after a reasonable number of attempts to fix it, that automobile continues to be substandard or defective in some way. Nearly all states address the sale of lemons with lemon laws, which are statutes...

liable

To be liable in a legal sense simply means to be held legally responsible or obligated. For example, a defendant in a civil torts case may be liable to pay damages to the plaintiff if the court rules in favor of the plaintiff.

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manufacturing defect

Manufacturing defects are a type of product defect that can lead to products liability. This kind of defect occurs when a product departs from its intended design and is more dangerous than consumers expect the product to be. In contrast to...

product liability

Product liability is a doctrine that gives plaintiffs a cause of action if they encounter a defective consumer item. This doctrine can fall under negligence, but it is generally associated with strict liability, meaning that defendants can be held...

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