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Manufacturing Defect
When one particular product out of many like products has a flaw that makes it unreasonably dangerous, it is said to have a manufacturing defect.
Summary Judgment
In a civil action, any party may make this procedural motion, after the Discovery phase, to dispose of the suit before trial has begun.
Merchant
A person who deals in the goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
Failure to Warn
not provide adequate warnings or instructions to advise users of the product that they would have to do certain things to avoid being injured by using the product. Failure to provide adequate warnings or instructions, where they are necessary
US CPSC
U.S. Consumer Product Safety Commission, they monitor products and issue recalls
Implied Warranties
Not stated outright by the manufacturer or the seller. For example, you might have an Implied Warranty of Merchantability, which promises that your product is good for its ordinary purpose.
Secret warranties
In dealing with defects in autos & new car parts sometimes free repairs are not publicized, they are called "secret warranties." Some states have passed laws requiring vehicle owners be notified of secret warranties.
Unanticipated, Unforeseeable, or Unintended Use
The product was NOT used in the way it was intended to be used. Or, the manufacturer had no way of knowing that a certain person could access the product.
State of the Art
At the time of manufacture, your product was produced using the highest level of scientific and technical knowledge available.
Marketing Defect
The failure to adequately warn of a potential risk of harm that is known or should have been known about a product or its foreseeable use.
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