Delaware Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
Unlike most states, Delaware does not allow for product liability claims based on a theory of strict liability, but additional claims are available under the state's Uniform Commercial Code. Actions based on negligence may include claims of design defect, manufacturing defect, and failure to provide adequate warnings.
Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.
Currently, eleven states cap non-economic damages in general tort or personal injury cases: Alaska, Colorado, Hawaii, Idaho, Kansas, Maryland, Mississippi, Ohio, Oklahoma, Oregon, and Tennessee. Caps on products liability or medical malpractice claim damages are more widely embraced.
15 That figure edges up to 60% if the three states that prohibit punitive damages, (Michigan, Nebraska, and Washington) are discounted from the equation.
In many states, there are limits on the size of the punitive damages award. In California, for example, some courts have limited punitive damages so that they do not exceed 10% of a defendant's net worth. In other states, punitive damages awards must bear a reasonable relationship to the compensatory damages.
DELAWARE. There are no caps on either compensatory or punitive damages in Delaware.
The plaintiff is required to show the following to prove a case of breach of express warranty: Plaintiff purchased a product; Defendant provided an express warranty by affirmation of fact or promise, or description of the product; The product failed to conform to the defendant's affirmation or description; and.
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.