Alabama Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
Since Tuttle v. Raymond, many of the remaining jurisdictions have recognized punitive damage awards in strict products liability cases.
To prove a case of breach of implied warranty generally, the plaintiff must show the following: Plaintiff was a foreseeable user of the product; The product was being used in the intended manner at the time of injury; The product was defective when transferred from the warrantor; and.
While a seller of goods may create a warranty in multiple ways, the basic elements of any claim for breach of warranty are (1) the existence of an express or implied warranty, (2) the goods did not comply with that warranty, and (3) the failure to comply with the warranty caused an injury.
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
(2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair aver- age quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the ...
Under the AEMLD, you must prove that that the product reached the user without substantial alteration, and that you suffered injury or property damage due to a product's defective condition which made the product unreasonably dangerous.
As used in this chapter: (a) "Implied warranty of merchantability" or "implied warranty that goods are merchantable" means that the consumer goods meet each of the following: (1) Pass without objection in the trade under the contract description. (2) Are fit for the ordinary purposes for which such goods are used.
The cap for punitive damages in personal injury lawsuits is three times the amount of compensatory damages or $1,500,000 ? whichever is greater. For most cases not involving physical injury, punitive damages cannot exceed three times the compensatory damages or $500,000 ? whichever is greater.