Oklahoma Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
To prove a case of breach of implied warranty generally, the plaintiff must show the following: Plaintiff was a foreseeable user of the product; The product was being used in the intended manner at the time of injury; The product was defective when transferred from the warrantor; and.
In a strict liability theory of liability, the degree of care exercised by the manufacturer is irrelevant, as long as the product is proven to be defective, they will be held liable for the harm resulting from the defect.
The defenses that focus on the product are modification and misuse. Modification is a potential defense when the defendant's product has been changed since it left the defendant's hands. To prevail in strict liability, the plaintiff must show that the product was defective when it left the defendant's control.
(2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair aver- age quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the ...
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.
As used in this chapter: (a) "Implied warranty of merchantability" or "implied warranty that goods are merchantable" means that the consumer goods meet each of the following: (1) Pass without objection in the trade under the contract description. (2) Are fit for the ordinary purposes for which such goods are used.
Strict Liability in Oklahoma If a defect in the product caused injury, the individual may be liable. The injured party need only prove that a defect existed in the product that made it unreasonably dangerous and resulted in a personal injury to bring forth a claim and be awarded compensation.
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.