Colorado Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
There is no implied warranty of fitness for any particular purpose unless the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required. Schlottman v. Pressey, 96 F.
Implied warranty--merchantability--usage of trade. (1) Unless excluded or modified (section 4-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
Merchantability. The implied warranty of merchantability means the goods are merchantable and conform to a reasonable buyer's expectations. Most consumer products have an implied warranty of merchantability. This warranty makes the assumption that a good or product works for its intended purpose.
The ?implied warranty? is a promise that Colorado law is ?implied? into every contract for a sale of a new home that the home was built in a workmanlike manner and is suitable for habitation. Defense attorneys dislike the implied warranty claim because it is akin to a strict liability standard.
Strict liability crimes in Colorado are crimes that do not require the prosecutor to prove fault. Instead, the prosecutor only has to prove is that you did the thing that breaks the law. Unlike most crimes, strict liability crimes do not require you to act with a wrongful state of mind.
There are many types of implied warranties including an implied warranty of merchantability, an implied warranty of fitness, an implied warranty of habitability (for a lease), and an implied warranty of marketability (for the sale of real property, also known as a marketable title).
Yes, they are available in Colorado if the plaintiff can prove that the defendant's actions meet the criteria under the law. If the defendant's actions are willful and wanton, and the defendant must have realized that their actions were dangerous, the victim may get punitive damages.
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.