Questions tagged [product-liability]
The product-liability tag has no usage guidance.
33
questions
-2
votes
2
answers
95
views
Given the success of asbestos and tobacco lawsuits, would one against producers of leaded gasoline potentially succeed?
It is well known that lead and in particular tetraethyl lead (the antiknock compound added to gasoline) can profoundly affect the central nervous system -- indeed, if people are worried about water ...
1
vote
1
answer
43
views
payment of taxes in the USA following an online sale of an electronic product [duplicate]
I would like to sell a luminaire on the European market and in the USA.
From what I understand, CE certification is required to sell on the European market.
In the USA, however, such certification is ...
19
votes
4
answers
3k
views
Liability of products that are inherently risky (e.g. skateboard)
How do manufacturers of products that necessarily imply risk deal with liability?
Are they only liable if the product malfunctions in an unexpected and unpredictable way (e.g., the board breaks)?
...
19
votes
2
answers
8k
views
If we use a generative AI to generate original images, can we use these images in a product that we sell?
Generative AI can create images. Assume that these images are totally original.
Would that mean that we would have the full rights to the images created by the AI? Could we use these images in a ...
26
votes
7
answers
9k
views
Peanut butter - may contain peanuts
Some products have disclaimers that serve no apparent purpose or which are obviously redundant. For example, a peanut butter jar that lists the ingredients as peanuts, and then provides a warning ...
5
votes
1
answer
114
views
Anonymous manufacturers
Some manufacturers are not putting their names on their products: no contact numbers nor e-mail address for support to keep in touch with the manufacturer if something happens to your bought item(s).
...
17
votes
2
answers
2k
views
In the US are new product safety features implemented by manufacturers ipso facto proof that they were aware their earlier products were unsafe?
I've been reading up on features to make table saws safer and in one forum there was a post that said, basically, manufacturers have had no incentive to license a table-saw safety device from the ...
3
votes
1
answer
158
views
Do I need to take any legal precautions for my stock prediction app?
Suppose that a developer (D) creates an app that lets users enter a ticker and get an estimate for its future price. No other advice on whether to buy or sell will be displayed; only the forecasted ...
1
vote
1
answer
116
views
In UK law, are cladding product manufacturers and property developers, civilly liable for dangerously combustible cladding products? If not, why not?
The UK cladding scandal is a well known problem. Essentially it sounds like manufacturers either knew/should have known of product fire risks (or at least in some cases they knew/known about them over ...
-4
votes
1
answer
83
views
Product liability for kitchen drawer pulls [closed]
The drawer pulls in our kitchen look like this:
A couple days ago, the cuff of my wife's pants snagged on the bottom drawer pull and she fell hard on her hip. She's going to spend a week in the ...
1
vote
1
answer
31
views
Does a company have to disclose a data breach as part of the agreement with the SEC to be publicly traded?
If I run a publicly traded company that's releasing hardware and that hardware is compromised and customer data is harvested, do I have to publicize that leak's existence? What if the people that ...
26
votes
4
answers
5k
views
Where is the line at which the producer of a product cannot be blamed for the stupidity of the user of that product?
It seems to me that no matter how thorough your warnings are, there will always be someone foolish enough to get themselves hurt in a way you couldn't have expected. Is there a line somewhere at ...
1
vote
0
answers
55
views
Do movie producers get pre-emptive waivers/insurance prior to releasing a movie? [Spoiler]
Warning this post contains a spoiler!
In How to Train Your Dragon: The Hidden World, at the end of the movie:
This is similar to many incidents that occur when kids see things on TV and try to ...
1
vote
1
answer
63
views
Seller liability and pre-owned merchandise malfunction
The below is 100% hypothetical. No event has occurred.
Any reply I receive is not legal advice and I will consult a lawyer if I were to ever need appropriate legal advice.
Let's say I own some baby ...
3
votes
2
answers
170
views
Stochastic legal liability
I am trying to understand how do legal systems handle situation where there is no clear causal responsibility of a person, but a well established stochastic relation. I am aware of the "beyond ...
2
votes
2
answers
190
views
How can a company protect itself against a product possibly causing injury to the consumer?
Arduino (a company that sells educational electrical kits to kids) must have some protection against kids accidentally blowing up electrical circuits (and getting hurt or burned) when first learning ...
-2
votes
3
answers
319
views
Can you start a product line with ingredients used in a different product [duplicate]
Is it legal to literally purchase all of the ingredients in a product and make your own product with minor changes?
Ie; I’m making a hair growing serum but I want to put a small % of Selsun blue (...
1
vote
0
answers
76
views
Selling a homemade product: dos and donts [duplicate]
if a person wants to sell a mixture of oils for hair growth or to thicken hair but the product they create is, well, a mixture of various oils (brands don’t necessarily matter, it’s whatever is ...
1
vote
2
answers
126
views
Personal liability forum shopping: When does US personal liability law apply? When can its application be excluded?
I am interested in the possibilities of forum shopping in regard to personal injury claims. (Tort and contract.)
For the sake of argument, let's assume a manufacturer M that manufactures electronics ...
0
votes
1
answer
57
views
Fairness to the consumer regarding geolocked digital products
First, a little disclaimer. I won't be mentioning company names as this inquiry is solely about the responsibility of the parties involved, and not specifically about the entities themselves.
I ...
0
votes
1
answer
422
views
Legality of re-branding a product and re-selling
Located in Australia.
Say I want to be the #1 peanut butter producer.
Being a common person, with a common wage I cannot create or start my own production facility.
I find a peanut butter in store ...
-1
votes
1
answer
27
views
Does the product liability settlement law vary for online purchased products?
In this modern era, most of the products are online purchased. If the product is found defective or harmful, how can we file a product liability settlement claim? Does the process vary from normally ...
0
votes
2
answers
364
views
How long is a manufacturer liable for a product
Background:
I'm an electronics engineer thats considering designing and selling guitar effects pedals in the UK only. This is only intended as a side hobby (unless it becomes financially viable). As ...
3
votes
1
answer
557
views
Is it legal to cut a designer logo off of a piece of clothing, sew it onto another and sell it?
What if I were to cut the Versace or Nike logo off of an old, ruined piece of clothing, sew or glue the logo onto other piece of clothing and then sell it.
I would tell the buyer in advance that the ...
2
votes
1
answer
320
views
Do objects in the public view need licencing?
I would like to create a game that would use Google Street maps to build a map for gaming. Can pictures or video be obtained from Google maps to produce a game?
Google maps already blur signs and ...
3
votes
1
answer
257
views
What is the EU definition of a small part for children under 3?
I am searching for test on small parts for children under 3 years. I found the definition for the US (see below) but not for the EU. Page 87 of the Explanatory Guidance Document to Toy Safety ...
4
votes
1
answer
281
views
Defective software update instructions irreparably breaks product. Do any UK consumer or product liability laws apply?
Note - I'm not asking legal advice. I already have a basis of claim in my actual case. But the case prompted a question mark over an apparent loophole in UK consumer protection/product liability law, ...
0
votes
1
answer
67
views
Questions regarding laws on technology designed to avoid prosecution?
From my understanding it is illegal to operate a car with a radar detector installed in all states of Australia, but.
Is it illegal to posses one if it's not being used?
Would there be anything in ...
3
votes
2
answers
262
views
Received defective Rx. Pharmacy and manufacturer refuses to refund me
I need advice on how I can get a refund on a defective ~$186 Sam's Club prescription. They were not only ineffective, but I experienced withdrawal symptoms taking those.
What legal recourse do I have?...
0
votes
2
answers
60
views
Using Lithium-poly battery in a commercial product
Not sure where to post this question.
I gave a product using rpi 3 and it is being used as an external nighttime camera.
I add here that I do not expect this product to make me rich as it has been ...
1
vote
1
answer
254
views
Legal requirements to build exercise equipment?
I want to fabricate a powerlifting rack for my local gym either as a donation or possibly bought to advertise my racks. It just occurred to me that there may be structural legalities when making such ...
2
votes
2
answers
499
views
My hard drive data was lost during a software upgrade; can I sue?
The recent system update named High Sierra from Apple Inc. encrypted my entire disk and resulted in data loss. They didn't inform me that the update would encrypt the entire disk and that there was a ...
1
vote
1
answer
77
views
Liability. Drug use
X sells Y unlawful narcotics which are so powerful that it can cause severe coughing and cold-like symptoms., The danger is that the narcotics when combined with even a small amount of alcohol can ...