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Product
Liability News
The Construction Industry Is Leading The Opposition To Section 112 On Workers' Compensation
Groups that have endorsed the Gorton-Rockefeller substitute include: National Federation of Independent Business, National Association of Manufacturers, National Association of Wholesalers-Distributors, and the U.S. Chamber of Commerce. Opponents include trial attorneys and consumer groups. The chemical industry is concerned that the "reduction of damages for misuse or alteration" language in section 105 could be misconstrued. The construction industry is leading the opposition to section 112 on workers' compensation subrogation because they say it would increase workers' compensation litigation and increase costs for employers. Concerned groups include the Associated General Contractors of America, Associated Builders and Contractors, Inc., Alliance of American Insurers, American Insurance Association, and the National Association of Home Builders.
CPSC staff collects hospital patient injury information
They collect data from each NEISS hospital for every emergency visit involving an injury associated with consumer products. From this sample, the total number of product-related injuries treated in hospital emergency rooms nationwide can be estimated.
Newsroom
News about product liability cases in South Dakota and nationwide:
Product Sellers, Rentors, And Lessors
Liability Rules Applicable to Product Sellers, Renters, and Lessors.Product sellers, rentors, and lessors will be liable only for their own failure... Read more >
Definition:
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.
Distributor
Definition:
Retailer and all middlepersons (learned intermediary, R3d Torts)
Negligence
Definition:
Negligence occurs when someone breaches some sort of duty to another person, causing some kind of injury to that person.
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