Sentences with phrase «under product liability»

Defective pharmaceuticals are another popular topic, and they also fall under product liability cases.

When a defect in a motorcycle or other motor vehicle is determined to have been a cause of a motorcyclist's injury or death, the manufacturer of the motorcycle or other vehicle as well as others in the chain of the vehicle's distribution may be held liable for the motorcyclist's injury or death under product liability law.

If a product that is designed, sold, manufactured, or distributed by a company is unsafe, a person injured by such product can bring a damages lawsuit against the manufacturer under a product liability theory.

There are three categories of defects which result in claims for compensation under product liability law:

Cases such as this also fall under product liability law, so you'll want an attorney who specializes in that practice area as well.

For instance, an injury caused by a defective piece of equipment would fall under product liability law, allowing you to seek compensation from the 3rd - party equipment manufacturer.

If you were injured after your airbags failed to deploy in an accident, it's your legal right to get compensation under product liability law.

Vehicle defects may fall under product liability law, but this is not always the case.

There are several theories regarding recovery under product liability including contract theories and tort theories.

Depending upon the circumstances surrounding your gun accident, you may have legal recourse against the gun manufacturer, seller or distributor under product liability laws.

This means that under product liability law a manufacturer, distributor or seller can be liable when it is shown that a product is defective.

- Design Hotels ™ liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.

She is now suing the sperm bank, Idant Laboratories of New York, under a product liability law more commonly associated with manufacturing defects, such as faulty car brakes.

Any contamination of food with impurities of any kind may have most serious consequences for a company, because under the product liability law every food producer is liable for contaminations of his products in case a consumer should be harmed by such contaminations.

If a defect in the trailer or vehicle itself, or the parts attaching the trailer to the vehicle caused your injury, you may be able to sue the designer, manufacturer, and seller of that trailer or vehicle or parts under products liability law.

A manufacturer can be held liable under a products liability theory for any of the following actions / inactions: negligently designing the product, negligently manufacturing the product, failing to warn of the products dangers, breaching a warranty or misrepresenting (either fraudulently or innocently) the product.

Not exact matches

Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost of accommodating, announced increases in the build rates of certain aircraft; 6) the effect on aircraft demand and build rates of changing customer preferences for business aircraft, including the effect of global economic conditions on the business aircraft market and expanding conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result of global economic uncertainty or otherwise; 8) the effect of economic conditions in the industries and markets in which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution of key milestones such as the receipt of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation of our announced acquisition of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect of changes in tax law, such as the effect of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability of raw materials and purchased components; 23) our ability to recruit and retain a critical mass of highly - skilled employees and our relationships with the unions representing many of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment of interest on, and principal of, our indebtedness; 26) our exposure under our revolving credit facility to higher interest payments should interest rates increase substantially; 27) the effectiveness of any interest rate hedging programs; 28) the effectiveness of our internal control over financial reporting; 29) the outcome or impact of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks of doing business internationally, including fluctuations in foreign current exchange rates, impositions of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.

(f) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBCUniversal, NBCUniversal and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and / or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

«Product liability exposure both at common law and under the Australian Consumer Law, all remain in place,» Lederman said.

A policyholder could find itself in the position of recalling on its own initiative or being asked by FDA to recall based on this «reasonable probability» standard, but not being able to satisfy the definition of «accidental contamination» under its specialty policy because it can not prove its product was W With the frequency of costly product recalls on the rise, many companies have considered purchasing specialty recall coverage to secure coverage for certain recall - related losses that are often excluded from general liability and property policies.

Marketing anything for babies under 6 months carries a lot of liability for manufacturers and therefore they are often unwilling to place written recommendation on their labeling that recommends infants less than 6 months use the product.

Last week, Brittany was given the green light to sue the sperm bank, Idant Laboratories of New York, under the state's product liability laws (see «Sperm bank sued for «unsafe» sperm»).

Under no circumstances Will the total liability of the Endocrine Society and its licensors to you or any other person or entity in connection with, based upon, or arising from the Site, the Site Materials on, in, and made available through the Site, or the services, products, information and other materials offered in connection therewith exceed the price paid by you during the preceding six months for use of the Site.

Under the terms of the agreement, which was unanimously approved by the boards of directors of both companies, Ikanos will purchase Conexant's Broadband Access product line for $ 54 million in cash and the assumption of certain employee and facility related liabilities.

We believe that the liquidity position of the asset / liability products segment is adequate to meet these requirements related to investment agreements under stress scenarios.

LIMITED LIABILITY: SmartPak assumes no responsibility or liability for the rendering of services or products not under SmartPak'sLIABILITY: SmartPak assumes no responsibility or liability for the rendering of services or products not under SmartPak'sliability for the rendering of services or products not under SmartPak's control.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE PROTECTED ENTITIES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER INFORMATION OR SUBSCRIBER INFORMATION ON, IN, AND MADE AVAILABLE THROUGH THE WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE OF PRODUCTS PURCHASED AND PAID FOR BY YOU VIA THE WEBSITE IN THE PRECEDING TWELVE (12) MONTH PERIOD.

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.

Under certain circumstances, product - liability actions may be brought to address injuries sustained by a child while using a pool.

Even the largest and most influential pharmaceutical and medical product makers are not immune to liability under our civil justice system and must be held accountable for the harm caused.

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

Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product's performance), misrepresentation (giving consumers a false sense of security about a product's safety), and strict liability (under which the product's defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).

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.

The hospital further contended that the state law product liability claims were preempted under the MDA.

If these accidents are caused by the vehicles, it is possible that the families of people who are killed may be able to hold the companies liable under theories of negligence and strict products liability.

Under the legal concept of product liability, a manufacturer has a responsibility to design and produce a product which is safe in normal use.

The ruling upheld the dismissal of design defect claims in a suit alleging that certain manufacturers are liable under theories of strict (product) liability and negligence.

His environmental and tort litigation experience includes dozens of products liability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort dliability actions in California State and Federal District Courts and multi-district litigation proceedings in the Southern District of New York that arise out of MTBE contamination of drinking water aquifers, as well as actions brought under the Comprehensive Environmental Response, Compensation and Liability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort dLiability Act («CERCLA»), the Resource Conservation and Recovery Act («RCRA»), California Proposition 65, the Clean Air Act, and various state and federal criminal laws, environmental laws, or tort doctrines.

SUV rollover accident cases, and indeed all cases of auto defects, fall under the legal category of «product liability.»

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.

Victims filing claims under automotive product liability law may be able to receive compensatory and / or punitive damages.

The failure to include such warnings is considered to render the product unreasonably dangerous — and, thus, defective — under product - liability law.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

Florida courts impose different standards in assessing liability under negligence and strict products liability.

In this groundbreaking case, the Michigan Court of Appeals ruled that the trial court correctly dismissed a legal malpractice suit against the attorney and his law firm because the underlying product liability claim plaintiffs» asserted should have been pursued was statutorily preempted under the federal Medical Device Act («MDA»).

Under pharmaceutical and product liability laws, a company's role in the manufacture or distribution of bad medicine is sufficient to hold the company liable.

Here is an article that asks «should cyber-security vulnerabilities really be treated the same as design defects under traditional products liability law?»

Also, it seems likely that damages in accidents caused by driverless cars will fall under some form of product liability.

Represented a national developer of human resources management software systems in successfully defending products liability / contract claims arising under software licensing and implementation agreements.

All Actos lawsuits are being consolidated in a federal court in Louisiana under the Actos Products Liability Litigation, MDL 2299.