New Mexico 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.
Implied warranty: merchantability; usage of trade. (1) Unless excluded or modified (Section 2-316 [55-2-316 NMSA 1978] ), 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.
Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof." (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.
No implied warranty of merchantability and, where applicable, no implied warranty of fitness shall be waived, except in the case of a sale of consumer goods on an "as is" or "with all faults" basis where the provisions of this chapter affecting "as is" or "with all faults" sales are strictly complied with.
In New Mexico, punitive damages are only awarded in cases where the liable party's conduct was intentional, malicious, fraudulent, or in reckless disregard of the victim's rights or safety. In other words, it must be more than just negligent or careless; it must rise to the level of willful misconduct.
§ 55-2A-212. Section 55-2A-212 - Implied warranty of merchantability (1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
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.
