Tort Law and Product Liability

Tort law refers to civil wrongs that cause harm to others. It can be intentional or unintentional and usually leads to court-ordered remedies to compensate the harmed party.

A duty to warn is a legal obligation placed on manufacturers to inform consumers about potential dangers associated with their products. This duty arises when the product can cause harm if used without proper warnings.

Privity exists when there is a direct, contractual relationship between two parties in a business transaction. For example, a manufacturer selling directly to a retailer has privity with the retailer but not with the end consumer who buys the product from the retailer.

The Consumer Products Safety Act (CPSA) is a federal law that aims to protect consumers from hazardous products. It requires manufacturers, distributors, and private labelers to certify their products comply with safety standards.

A warning label is required for products that pose a danger to consumers. However, a label is not needed if the danger posed by the product is obvious and easily recognizable to consumers.

The warning label must accurately convey the potential harm, be easily understood by consumers, and be provided by the manufacturer, distributor, or private labeler. The warning label must not contain information that is not directly relevant to the potential hazard.

OSHA (Occupational Safety and Health Administration) is the agency responsible for ensuring safe working conditions for employees. OSHA sets standards and enforces regulations to minimize workplace hazards.

A federal law that sets safety and health standards for workplaces to protect employees.

The legal doctrine stating that a person’s injury was likely caused by negligence, as the accident would normally not occur without negligence.

A type of civil lawsuit where plaintiffs can request financial compensation from defendants for a civil wrong.

A type of damage awarded in a lawsuit to punish the defendant and discourage similar behavior in the future.

A situation where a party to a contract indicates they won't fulfill their obligations, leading the other party to consider the contract broken.

A federal law protecting individuals with disabilities from discrimination in various aspects of life, including employment, public services, and public accommodations.

The timeframe within which a lawsuit must be filed after an event occurs.

A type of lawsuit involving a defective product and the harm it causes to a consumer.

A document that provides detailed information about the hazards of a chemical, along with safety precautions and handling procedures.

A CSP (Certified Safety Professional) should refuse to provide design approval if it is outside their expertise, as this could lead to potential safety risks.

In a hazardous situation, a CSP's primary obligation is to inform the supervisor immediately for immediate corrective action.

Ethics involves understanding right from wrong, developing moral principles, and guiding human behavior.

A CSP should not accept payment for participating in a HAZOP study conducted by an outside contractor, as it creates a conflict of interest.

A CSP should refuse any monetary offer for providing expert services during a HAZOP study conducted by an outside contractor as such offer creates a conflict of interest.

A deliberate act intended to deceive someone for personal gain.

A false statement made to induce someone to act to their detriment.

Using force or pressure to make someone act against their will.

Holding paramount the safety, health, and welfare of the public. Issuing public statements only in an objective and truthful manner. Acting for each employer or client as faithful agents or trustees.

The safety professional must take immediate action to correct the hazard and prevent harm.

Moral development is the process by which an individual learns to distinguish right from wrong and develops a sense of responsibility. Different stages of moral development can influence how someone makes ethical decisions.

The level of control an individual believes they have over their own actions, which can affect their ethical choices.

A professional conference where at least 50% of the content is related to safety.

Attending a safety-related conference can earn you 'Continuance of Certification' points, which are required to maintain your professional certification.

The highest priority of a safety professional is to provide a safe work environment, while always staying within the scope of their expertise.

A breach of contract that occurs when one party indicates they will not fulfill their obligations before the performance date.

A legal doctrine that allows a party to be released from contractual obligations due to unforeseen events that make performance impossible or fundamentally different.

A type of contract where both parties have yet to fulfill their obligations. For instance, a car lease contract where the buyer has not fully paid and the seller hasn't fully transferred ownership.

A situation where a person has limited use of their arms and legs due to a spinal cord injury.

A condition that affects a person's cognitive abilities, often characterized by memory loss, confusion, and behavioral changes. It can be caused by various factors, including Alzheimer's disease.

A neurological disorder characterized by recurring seizures.

A legal framework in the US that protects a company's confidential information from unauthorized use or disclosure.

A core element of a valid contract. It ensures that both parties have a shared understanding of the agreement and its terms.

An element that is NOT required for a contract to be valid. Contracts can be enforceable even without monetary considerations if other elements are present.

One of the essential elements of a valid contract. It means the consent given by parties must be genuine and not influenced by factors like coercion, fraud, or undue influence.