Maine Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
An implied warranty is a guarantee that is not written down or explicitly spoken. Article 2 of the Uniform Commercial Code ("UCC") governs the sale of goods. An implied warranty is automatically presumed regarding the sale of goods or real property, which prevents a risk from transferring to the buyer.
The law protects consumers from unexpected product breakdowns within four years from the purchase date.
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 law of products liability recognizes that when a company makes money by selling a defective and dangerous product, it should be responsible to take care of any individual consumer who is harmed by that danger.
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.
An implied warranty is an assurance that a product is fit for its intended purpose and meets the buyer's expectations. These implied warranties can be written or oral. Implied warranties are governed by state laws, not federal laws. The two key types of implied warranties are merchantability and fitness.
Section 2-314 of the Uniform Commercial Code, which is law in every state but Louisiana, covers the implied warranty of merchantability. Basically, your product is "merchantable" if it does what it is supposed to do.
It also raises the cap on punitive damages from $250,000 to $500,000, and it increased the time frame for families to sue from two to three years. Maine's Wrongful Death Act allows people to file a civil complaint against another person or entity for any deaths that occur because of another person's error.