Rhode Island Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
? Breach of Implied Warranty This defense applies if the goods or products purchased from the person or entity suing you could not be used for the purpose for which they were sold.
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.
Breach of warranty of authority is an action available against an agent who misrepresents his or her authority to a third party and as a result of that misrepresentation, the third party enters into a contract and suffers loss.
Guaranteed to Work for Its Intended Purpose For the implied warranty of merchantability to be violated, the product must fail to work as it's normally used.
In Rhode Island, there are four elements needed to prove liability in a product liability claim: That the product was defective or dangerous. That the defective or dangerous product caused the injury. That the particular injury is causally related to the defective or dangerous product.
A seller who breaches an expressed or implied warranty may be liable for damages that range from multiple financial losses in an express warranty breach case to injuries, medical expenses, lost wages, or pain in suffering in a breach of an implied warranty.
In the event of a breach of a warranty, the aggrieved party is entitled to damages, alternatively financial compensation for the loss of value. Their amount is often determined based on business valuation from the buy-side perspective.
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.