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Description Liability Product
To impose liability for breach of the implied warranty of merchantability, it is ordinarily necessary to show that there was a defect in the product and that this defect made the product not fit for its normal use and that this caused the plaintiffs harm. A product may be defective because there is:
" a manufacturing defect,
" a design defect,
" inadequate instruction on how to use the product, or
" inadequate warning against dangers involved in using the product.
Products Liability is generally considered a strict liability offense. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
- View Release, Waiver of Liability and Indemnity Agreement in Favor of Company Furnishing Bartenders to a Party or Other Event
- View Personal Injury Waiver, Release, Hold Harmless, and Indemnity Agreement for Babysitting Services offered by Nonprofit Organization
- View Release and Waiver of Liability Regarding Repair of Automobile - Repairs for Off Road Travel Only
- View Release and Waiver of Liability and Personal Injury for Using Automotive Repair Shop
- View Waiver and Release of Claims for Future Accidental Injuries or Death by Individual Applying to Rent a Bicycle - Includes Consent of Parent or Guardian of a Minor
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