“Products liability action” means a civil action based upon theories of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.
An injured party may bring a claim under two theories; Breach of an Express Warranty or Breach of an Implied Warranty. Where a claimant brings suit for a breach of an express warranty, they must establish that the product does not live up to a representation which the seller has made to the buyer when they bought it and the buyer relied on what the seller told them when they bought and used the product. An express warranty may arise in two different situations: 1) where the goods are advertised to have certain qualities or characteristics and 2) where there is labeling which make statements about the product.
There are two different types of Implied Warranties: Warranty of Merchantability and Fitness for a Particular Purpose.
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