Description of New Mexico Complaint Regarding Strict Product Liability — Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages — Delta Wood: In the state of New Mexico, consumers have the right to file a complaint against Delta Wood for various types of product liability claims. These claims include breach of expressed warranty, breach of implied warranty, breach of merchantability, negligence, and the possibility of seeking punitive damages. These allegations arise from incidents where Delta Wood's products have caused harm or damage to consumers due to design flaws, manufacturing defects, or failure to warn about potential risks. When filing a complaint for breach of expressed warranty, the plaintiff asserts that Delta Wood made explicit promises or guarantees regarding the product's performance or quality, but failed to meet these promises. This could involve claims such as misleading advertising, false product claims, or the inability of the product to perform as advertised. In the case of breach of implied warranty, the complaint argues that Delta Wood did not fulfill the implicit expectations of quality, functionality, and safety that accompany the sale of its products. This could occur when a product fails to meet industry standards or lacks the necessary features to make it fit for its intended use. The complaint may also include a claim for breach of merchantability, which highlights the allegation that Delta Wood's products were not of a quality consistent with the standards expected within the industry. This claim asserts that the product was not reasonably fit for its ordinary use, rendering it defective or insufficient in terms of quality, durability, or safety. Furthermore, the complaint may assert the negligence of Delta Wood, alleging that the company failed to exercise reasonable care in the design, manufacturing, or distribution of its products. Negligence claims may arise from inadequate testing, improper assembly, or failure to properly label or warn consumers about potential dangers associated with the product. Finally, the complaint may seek punitive damages, which are intended to punish Delta Wood for its negligent or intentional misconduct. Punitive damages serve as a deterrent for the defendant and aim to discourage similar behavior in the future. Overall, consumers in New Mexico can bring forth various types of complaints related to strict product liability against Delta Wood, including breach of expressed warranty, breach of implied warranty, breach of merchantability, negligence, and even seek punitive damages for the harm caused by the company's products.
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.