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Manufacturing Defect

A defect in the method of assembling a product that makes it unsafe to use. If an individual suffers harm or injury from a product with a manufacturing defect, they may have a viable product liability claim.

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Mass Torts

Most commonly referred to as an event where a large number of individuals file a claim against one single product. This can include suits filed on behalf of victims of environmental disasters and deadly prescription drugs. Many mass tort claims are regulated under specific state laws.

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Mediation

A method of settling disputes outside of a court setting. In mediation, a neutral third party (called a mediator) listens to both sides and acts as a link between the parties. The goal is for the mediator to help both parties come to a mutually-agreeable resolution so that the claim does not have to be taken to court.

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Medical Malpractice

Medical professional negligence that occurs when a medical caregiver’s level of conduct falls below the appropriate standard of care for that caregiver. Malpractice is the failure to exercise that degree of care as is used by reasonably prudent health care providers of like qualifications in the same or similar circumstances.

The failure of a medical provider to meet this acceptable standard of care must cause or substantially contribute to the patient injury to result in liability in order for medical negligence to occur.

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Mitigation of Damages

A requirement that one injured by reason of another’s tort or breach of an agreement exercise reasonable diligence and ordinary care to avoid aggravating the injury or increasing the damages. The term also refers to a defendant’s request to the court for a reduction in damages owed to the plaintiff, a request that the defendant justifies by reason of some evidence that shows the plaintiff not entitled to the full amount that might otherwise be awarded to him.

Duty to Mitigate Damages – Not actually a duty in the sense that its breach will give rise to a cause of action against the person who violates it. Rather it expresses the general rule that one who was wronged must act reasonably to avoid or limit losses or be precluded from recovering damages that could reasonably have been avoided. In this sense the rule has been termed a “rule of avoidable consequences” rather than a duty to mitigate damages. Thus, if a wrongfully discharged employee failed to look for alternative work and work was readily available of the same kind that was the subject of the breached contract, the employer would be allowed to deduct what the earnings could have been from the damages claimed.

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