Collin Texas Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
California courts are more likely to award punitive damages in product liability cases when certain circumstances exist, such as: the manufacturer knowingly marketed a defective product, a manufacturer intentionally did not perform tests to validate the product's safety, or a manufacturer did not reveal known dangers
From a product liability lawsuit, you can recover economic damages, which can include medical care, lost wages, loss of earning capacity, loss of services provided for the family, and noneconomic damages, which usually include pain and suffering, mental anguish, physical impairment and loss of enjoyment of life.
3. Breach of Warranty. Breach of warranty is conceptually different from strict liability and negligence in that breach of warranty is based in contract, not in tort. That distinction limits the number of people who can be plaintiffs.
Breach of warranty is the violation of an express or implied contract of warranty, and thus it is a breach of contract. In other words, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.
Primary tabs. Breach of warranty is the violation of an express or implied contract of warranty, and thus it is a breach of contract. In other words, it occurs when the warrantor fails to provide the assurance warranted. A seller can expressly or implicitly assure the buyer about the quality or title of an item sold.
Defenses to Strict Liability Common defenses to claims of strict liability are assumption of risk, statute of limitations, statute of repose, and federal preemption.
Defects That Create Liability Design Defects. Design defects are inherent, as they exist before the product is manufactured.Manufacturing Defects. Manufacturing defects occur during the construction or production of the item.Defects in marketing.
Overview. In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses.
A breach of contract happens when one party to a contract fails to honor their obligations. A breach of warranty is a specific form of contract breach where the seller's guarantees about the product are false.
Punitive damages are awarded in addition to compensatory damages. Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.
