Kansas Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
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.
In a product liability cause of action, the Kansas product liability act permits a plaintiff to recover damages for any damage to property, including damage to the product itself.
Merchantability. 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. This warranty makes the assumption that a good or product works for its intended purpose.
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.
An implied warranty of merchantability is a warranty that is implied that sold or leased goods are fit for the ordinary purpose for which they are sold or? leased, and other? assurances, unless otherwise disclaimed.
Implied warranty: Merchantability; usage of trade. (1) Unless excluded or modified (section 84-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
In the event that the seller breaches an implied or express warranty, the buyer can consider doing one of several things: Rejecting or revoking acceptance of any nonconforming goods, which means that they may cancel the contract involving the nonconforming goods.
Under the implied warranty of merchantability, the merchandise must do what it was designed to do with reasonable safety, efficiency and ease, and for at least a reasonable period of time. Every item sold by a merchant in Massachusetts automatically comes with the implied warranty of merchantability.