Virginia Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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The implied warranty of merchantability means the goods are merchantable and conform to a reasonable buyer's expectations. Most consumer products have an implied warranty of merchantability.
For example, when trying to sell a washing machine, a salesperson might advise the consumer that a particular model makes no noise. If it turns out that the washing machine makes a noise, the consumer might be able to sue for breach of express warranty.
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.
If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability. Even if there is no promise made regarding the effectiveness or durability of the product, you, as a consumer, have the right to expect the products you purchase to work.
An express warranty is any affirmation of fact made by the seller to the buyer that relates to the product or good and was part of the reason(s) the buyer decided to buy the good. Even if the seller makes no express representations or promises, the law can still impose an implied warranty.
Let's say you buy a computer from a nearby electronics store, and when you get home, the product doesn't work ? that's at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability.
Product liability law includes automobiles, workplace machinery, and more. Under Virginia law, a product must be reasonably safe for its intended purposes and for its reasonably foreseeable uses. However, products are not required to be designed or produced with features representing the ultimate in safety.
While liability based on intentional acts, negligence and strict liability, are all tort actions, liability based on breach of warranty is actually a contract action. There are two kinds of warranties that purchasers rely on in ascertaining the quality of a product: express warranties and implied warranties.
