Nebraska Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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Section 2-314 - Implied warranty; merchantability; usage of trade (1) Unless excluded or modified (section 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.
Product Liability ? Punitive Damages In most cases, juries and courts award punitive damages after finding that a manufacturer knew their product was dangerous, failed to recall the product, or even continued to market and sell the product, hiding evidence of its threat to public safety.
Damages: The buyer may be entitled to damages for the harm caused by the breach of warranty or implied warranty. Such damages may include compensatory damages, such as the cost of repairing or replacing the goods, and consequential damages, such as lost profits or other indirect losses.
There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.
Unlike compensatory damages, which are intended to provide an injured victim money for losses they have incurred due to their injuries, punitive damages are awarded in product liability lawsuits to punish a manufacturer or other liable party for conduct that is considered particularly egregious or shocking by society's ...
In most cases, the plaintiff will receive the punitive damage awards, especially if they were directly injured by the defendant. Not every case will call for punitive damages. Punitive damages are primarily awarded in extreme cases.
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.
There are three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. The lawsuit must involve a product, the product must be found to be defective, and the product defect must be found to be the proximate cause of the injury.