Sentences with phrase «strict products liability for»

In most states, businesses are liable under strict products liability for simply selling contaminated food, even if they didn't do anything negligent in the process.

Not exact matches

In no case shall Slickster Magazine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nebraska School Nurses Association AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Nebraska School Nurses Association WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Nebraska School Nurses Association WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Nebraska School Nurses Association WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Nebraska School Nurses Association WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nebraska School Nurses Association OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Healthy Paws AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Healthy Paws WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Healthy Paws WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Healthy Paws WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Healthy Paws WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Healthy Paws OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

In no event shall Best On Travel Network, Inc. and / or its tour operators be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, documents and related graphics, software, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Best On Travel Network, Inc. and / or any of its tour opertators has been advised of the possibility of damages.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

Nonetheless, C.B. Fleet Company may be held liable for negligence under pharmaceutical statutes or be subject to strict product liability laws, in which case negligence need not be proven.

However, when the SUV rollover accident was caused by a product defect, then the case is governed by strict liability, meaning that the manufacturer is responsible for the damages their product caused regardless of whether they were at fault or not.

It held that a plaintiff may only recover under strict liability if the product is unsafe for its intended user.

Although products liability law has evolved from the days of «caveat emptor» (let the buyer beware) to the imposition in appropriate cases of «strict liability,» under which manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent, the personal injury plaintiff still has a job to do.

Damages in this case will be determined by strict liability, which means the manufacturer is responsible for any injuries despite the level of care he took in making the products.

Drug manufacturers who fail to properly warn victims of side effects may be held accountable under strict liability for product defects laws, which do not require negligence to be proven.

The laws have changed from caveat emptor («let the buyer beware») to Strict Liability for manufacturing defects that make a product unreasonably dangerous.

In New York, the standard for product liability is generally «strict liability», not simple negligence.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SmartAdvocate ® - The best plaintiff personal injury case management software AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SmartAdvocate ® - The best plaintiff personal injury case management software WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SmartAdvocate ® - The best plaintiff personal injury case management software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Negligence, strict liability, or breach of warranty of fitness are generally the main bases for product liability claims.

(See below for explanation of strict products liability.)

Another form of liability is strict liability in tort for a defective product.

Even when a vehicle or vehicle component has been designed and manufactured in strict compliance with current industry standards and applicable regulations, the vehicle may still be found defective in a personal - injury or wrongful - death products - liability action if it is determined to contain a defect in its design, manufacture, or warnings that renders it unreasonably dangerous for consumers» use.

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.

Products purchased second - hand are not eligible for strict liability claims.

For strict liability to apply, the product must have been purchased in the chain of distribution.

Lawsuits for allegedly dangerous products typically either claim negligence in design or strict liability in manufacturing, according to FindLaw.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Colorado Lawyers Helping Lawyers AND / OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Colorado Lawyers Helping Lawyers WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Colorado Lawyers Helping Lawyers WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Colorado Lawyers Helping Lawyers WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Colorado Lawyers Helping Lawyers WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Colorado Lawyers Helping Lawyers OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Served as second - chair trial counsel and secured defense verdict following seven - week jury trial in the California Superior Court for the County of Orange of action for strict and negligent products liability and negligence based on allegations of design defects, manufacturing defects, and warning defects.

Though product liability actions may be brought as negligence, strict liability, or breach of warranty cases, product liability actions seeking compensation for a victim's personal injury or death are generally brought as strict liability actions.

Product liability actions seeking to recover damages for motorcyclists» personal injuries or death are usually brought as strict liability claims, which enable a plaintiff to establish the liability of certain defendants without the necessity of proving that any of the defendants was negligent in creating the defective vehicle that caused the motorcyclist's injury or death or in releasing it to the market.

In products liability law, a seller or manufacturer can be sued for negligence or strict liability.

Maritime law observes a strict liability standard with regards to product liability claims and even provides causes of action for wrongful death that are available to non-seamen injured on the high seas.

The concept of strict liability does not automatically mean the manufacturer is liable for any and all damages (injuries) related to the use of their product.

Strict liability claims allow recovery for injuries as long as the consumer shows use of the product the way it was intended to be used and according to the manufacturer's instructions.

The court explained that the state where the accident arose does not use a strict liability theory for product liability cases, so a plaintiff must proceed under an implied warranty or negligence theory.

«Supreme Court Limits Strict Liability for Nonmanufacturing Suppliers of Defective Products,» Thompson Hine LLP Product Liability Update, November 2008

Depending upon the type of product that caused your injuries, you may be able to file a product liability claim against the responsible party for negligence, strict liability, or breach of warranty.

Anyone in the chain of a product's distribution may be held liable in strict liability for injuries caused by a product's defect.

A claim for strict products liability requires proof, in the alternative, either of the ordinary consumer's expectations or of the risk - utility of a product.

Act quickly as there are strict deadlines for filing a product liability lawsuit in the state.

Strict liability means that a manufacturer, distributor, or seller is responsible for injuries caused by its product regardless of negligence.

Leading the briefing and oral argument in a case watched nationwide, Laurie won a ruling foreclosing strict liability and negligence liability (in most circumstances) for a manufacturer that did not make or sell an injury - causing product foreseeably used with its own.

Finally, the claims based on the product recall failed because Florida law does not recognize a duty of care in connection with a recall separate from a general duty to act with reasonable care, and Florida does not recognize a claim for strict liability for product recall at all.

He practices in the full range of complex commercial litigation, and his experience includes litigating claims for breach of contract, strict products liability, negligence, breach of warranty, false advertising, unfair competition and violations of California's Proposition 65.

In some states, a company or person who designs, manufactures, inspects, distributes, or installs an item can be held responsible for a defective product under the theory of strict liability.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense.

(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4) holding that the learned intermediary rule does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.

In no event shall Policybazaar and / or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Policybazaar and / or its affiliates their respective service providers have been advised of the possibility of such damages.

Courts began to apply the concept of strict liability to products in the 1960s and 1970s, determining that the costs of injuries from defective products should be borne by the companies responsible for the defects, not by the injured users.

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