breach
failure to do something that one is obligated to do by contract or agreement
bystander
person who is present but does not take part in something
caveat emptor
Latin for "let the buyer beware." It means that a buyer is responsible for checking the quality of goods before purchasing them.
defective product
product that is designed, manufactured, or marketed in a flawed way that results in an injury to a consumer
duty
moral or legal obligation to do something, the breach of which can result in liability
failure to warn
buyer or user claim that a manufacturer is liable for not telling a buyer or user about the dangers of normal use or foreseeable misuse
foreseeable harm
in tort law, the idea that a reasonable person would be able to predict or anticipate the harmful results of their action
negligent design
buyer claim of injury from a poorly designed product that was not free from unreasonable risks
negligent manufacture
buyer claim that design was adequate but failure to inspect or some other misconduct caused a dangerous product to enter the marketplace
privity
relationship between two or more parties that is recognized by law
product liability
liability of a manufacturer or a seller for injuries to a consumer resulting from a defective product
res ipsa loquitur
doctrine of law that the occurrence of an injury presumes negligence; Latin for "the thing speaks for itself"
strict liability
legal responsibility for one's conduct even if there is no negligence or fault on the defendant's part. It is legally sufficient that the act caused harm.
tort
violation of rights of an identifiable individual or business intentionally or by negligence. Common torts include defamation, nuisance, conversion, and negligence.
ultrahazardous activity
activity where the danger to the general public is especially great, such as using harmful chemicals, operating explosives, keeping wild animals, and bringing dangerous substances onto property
unreasonable
not guided by or based on good sense; beyond the limits of acceptability or fairness