Michigan Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
Parties, requires any claim for breach of warranty to be brought within four years after the claim accrues.
In breach of warranty cases, the buyer may seek remedies such as repair or replacement of the defective product, compensation for diminished value, or reimbursement for incidental and consequential damages.
Michigan's UCC requires breach of warranty claims to be brought within four years after the claim accrues, unless the parties have agreed by contract to a shorter time period.
The elements of a breach of implied warranty of merchantability are that goods sold were unreasonably dangerous for use to which they would ordinarily be put or for some other reasonably foreseeable purpose.
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.