breach of warranty of merchantability

• Norco Equip. Co. v. Simtrex, Inc., (Ohio 2011)

BREACH OF CONTRACT; PREJUDGMENT INTEREST; BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY; R.C. 1302.27(B)(1), (3), AND (4); EXPERT EVIDENCE.

• Ohio Supreme Court

• 1st Circuit Says Tool Maker Must Pay $1.5m for Table Saw Injury

A product liability plaintiff made an adequate showing that the table saw that severely injured his hand could feasibly have been designed with a "flesh-detection" safety feature, the 1st Circuit has ruled in affirming a $1.5 million jury verdict. The plaintiff suffered a severe hand injury while using a Ryobi Model BTS15 benchtop table saw provided by his employer. He sued the manufacturer for negligence and breach of the implied warranty of merchantability, alleging that Ryobi's table saw was defectively designed because it lacked a flesh-detection safety feature that would have stopped the blade automatically and limited the severity of his injuries.

• Lawyers USA
• October 19, 2011

• Curl v. Volkswagen of Am., Inc., ___ Ohio St.3d ___ (2007)

Breach of implied warranty of merchantability — Purchasers of automobiles may assert contract claim for breach of implied warranty of merchantability, pursuant to Magnuson-Moss Warranty Act, only against parties with whom they are in privity of contract — Lemon Law — R.C. 1345.72 — The term “new motor vehicle” refers to vehicle within the period of one year following the date of its original delivery or during the first 18,000 miles of its operation, whichever occurs earlier.

• Ohio Supreme Court

• Food for Thought: Defending the Food Purveyor When the Meal Turns Bad

In the last several years, food safety has become a growing national concern. Whether it is killer spinach, tainted ground beef products or some type of food that contains objects that do not belong in it, American consumers are increasingly concerned and litigious about the meal that turns bad. Improper food production, storage, butchering and/or processing can cause bacteria such as E coli to get into the food and have potentially serious medical consequences to the consumer. A restaurant or food store that sells contaminated food is sure to be targeted by a plaintiff who has become ill as a result of a bad meal. This article focuses on the issues that arise when someone alleges that a business owner has served or sold contaminated food. More particularly, it focuses on negligence cla...

... on negligence claims and claims based on breach of the implied warranty of merchantability. Consid...

• FDCC Quarterly
• Vol. 59 Nbr. 1, October 2008

• Urso v. Compact Cars, Inc., (Ohio 2007)

CONTRACTS - breach of implied warranty of merchantability; jury instructions; Magnuson-Moss Warranty Act; directed verdict; plaintiff's opinion testimony; summary judgment; moot or harmless with judgment in favor of nonmoving party.

• Ohio Supreme Court

• Product Liability Update - October 2011

... Manufacturer Not Liable for Negligence or Breach of Implied Warranty of Merchantability Where Trail...

• Mondaq Business Briefing
• United States Law Articles in English
• Consumer

• Caronia v. Philip Morris USA, (2nd Cir. 2013)

... for negligence, strict liability, breach of warranty, and medical monitoring with respect t... Code ("UCC") implied warranty of merchantability in connection with the design, manufacture, and...

• Federal Circuits

• Lipnick v. Reisinger, (Ohio 2006)

Implied warranty – merchantability – puppy – hypoglycemia – breach of contract.

• Ohio Supreme Court

• U.S. District Court in Kansas Rules Soda Makers Can Be Sued Over Benzene Concerns

Beverage makers could be sued under state consumer protection law based on the potential for the formation of benzene in their soft drinks - even though the plaintiffs failed to allege that they suffered any personal injuries, a U.S. District Court in Kansas has ruled. The plaintiffs filed consumer class-action claims for breach of implied warranty of merchantability, unfair trade practices and unjust enrichment under Kansas law, alleging that various soft drinks made by Pepsi, Coca Cola and other manufacturers contained ingredients that could interact to form benzene, a hazardous substance.

• Lawyers USA
• June 19, 2007

• Product Liability Update For Retailers: Inherit The Whirlwind.

... of food products in claims asserting a breach of implied warranty under the UCC. See Sparks v. T...) breach of an implied warranty of merchantability, and (3) breach of an implied warranty of fitness ...

• Mondaq Business Briefing
• Nbr. 2012, January 2012