Massachusetts Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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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.
For example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to. If the first time you swing the club, the head falls off, then the implied warranty of merchantability has been breached.
If such assurance is proved to be untrue, the buyer has a claim for breach of warranty. Generally, the breach takes one of two forms: (1) a misrepresentation of a fact or condition warranted to be true, or (2) a failure to do or refrain from some conduct warranted to be done.
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.
Warranty: In Massachusetts, all goods are covered by an implied warranty of merchantability, meaning the item must reasonably conform to an ordinary buyer's expectation for a reasonable amount of time.
Let's say you buy a computer from a nearby electronics store, and when you get home, the product doesn't work ? that's at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability.
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.
The Standard for Punitive Damages In California, a court can award punitive damages when the plaintiff can demonstrate by clear and convincing evidence that the defendant has committed oppression, fraud or malice. Malice is conduct that willfully ignores the safety and rights of users.