Product Liability Claim definition

Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

Product Liability Claim means any claim, suit, proceeding or cause of action arising out of illness, injury or bodily or mental harm (including death) to any person that is alleged to have been caused by the administration or use of PROSTVAC. A Product Liability Claim may be based on the existence of a design defect, strict tort liability, a manufacturing defect, a failure to warn or any other cause of action.

Product Liability Claim means any Third Party proceedings involving any actual or alleged death or bodily injury arising out of or resulting from the use of the Licensed Product sold by Licensee or its Sublicensees.

Examples of Product Liability Claim in a sentence

• While we maintain insurance coverage, in amounts which we believe are commercially appropriate, including (i) Standard fire and special perils insurance policies, (ii) Employee Compensation Insurance Policy, we may not have sufficient insurance coverage to cover all possible economic losses, including when the loss suffered is not easily quantifiable and related to Product Liability Claim.

• This case is before the court on the Trustee’s Motion to Compromise and Settle a Medical Product Liability Claim and to Pay Attorney Fees, Medical Liens and Expenses that was filed on March 16, 2018.

• In response to arguments that a product liability claim would fail under the “economic loss” doctrine and that Ruggles has notpresented evidence of a defect and alternative design, Ruggles says he “has not asserted a Product Liability Claim against Ventex or Neon and, therefore, the Products Liability Act does not apply.

• Schedule 3.1(aa) hereto sets forth a summary of each Product Liability Claim (as defined below) in excess of $250,000 paid by the Company or the Sellers during the past five years, and each outstanding Product Liability Claim in excess of $250,000.

• Within thirty (30) calendar days of the later of the filing a Product Liability Claim or the Effective Date of the Plan, the Reorganized Debtors shall provide (i) the holder of such Product Liability Claim with all relevant insurance information and advise them of the terms of the relief from the injunction provisions of the Plan to pursue such insurance (the “Insurance Information”) and (ii) provide any applicable Insurer(s) with notice that such Product Liability Claim(s) have been given such relief.

More Definitions of Product Liability Claim

Product Liability Claim shall have the meaning set forth in ----------------------- Section 14.5.1.

Product Liability Claim means any Claim arising from or relating to a breach of any express or implied product warranty, strict liability in tort, negligent manufacture of product, negligent provision of services, product recall or any other allegation of liability or obligation arising from the design, manufacture, testing, packaging, labeling (including instructions for use), advertising, marketing, distribution or sale of any product (whether for clinical trial purposes, commercial use or otherwise), including any liability or obligation with respect to any product subject to recall.

Product Liability Claim means a claim or cause of action that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following:

Product Liability Claim means any Claim allegedly arising prior to the Petition Date from or relating to a defective design, manufacturing defect and/or a warning or labeling defect, which is covered in whole or in part by an Insurance Contract, regardless of whether any cause of action has been commenced in relation to such Claim.

Product Liability Claim means any Third Party Claim based on any legal theory other than breach of warranty arising from or caused by defects in the design or manufacture of any product that was manufactured or sold by the Company Group prior to the Closing.

Product Liability Claim means any strict liability, ordinary negligence or implied warranty claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product.

Product Liability Claim means a claim that the Goods are not safe when put to any reasonably foreseeable use;