The No-Injury Warranty Claims Quandary

Law360, New York (December 13, 2011, 5:22 PM EST) -- Basic product liability law in most states entitles a plaintiff to recovery under a breach of warranty theory for harm demonstrably caused by a defective product.

Under this framework, the conventional wisdom is that a plaintiff cannot recover in a product liability case if the product in question has not failed or manifested the alleged defect.

This basic principle is reflected in the well-known section 2-314 of the Uniform Commercial Code: “Unless excluded or modified ... a warranty that the goods shall be merchantable is implied...
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