How should damages be measured in an action for breach of repair-and-replacement warranty? And what elements of damages should available? I recently ran across a piece I wrote addressing these questions in 2005. Remarkably – or, perhaps, not so remarkably given the pace at which the law evolves – it remains relevant; so I thought I’d put it out there for comment. Continue reading →
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Filed under Warranty
Tagged as acceptance, automobiles, benefit of the bargain, congress, consequential, consumer protection, damages, delivery, difference in value, disclaimer, dispute resolution, economic harm, express limited warranty, Express Warranty, household, incidental, limited warranty, Magnuson-Moss, monetary, money, motor homes, repair, repair-and-replacement, replacement, RV, the code, U.C.C., ucc, uniform commercial code

A recent outbreak in the South Bronx claimed 12 lives, left another 120 victims infected and put Legionnaires’ Disease back in the headlines. Besides being potentially fatal, LD poses a serious product liability and warranty liability risk to the manufacturer of any product that holds or stores water. This group includes manufactures of HVAC equipment, water heaters, water tanks, plumbing fixtures and supplies and companies that include these items in their products, such as mobile home, motorhome and travel trailer makers. But once appreciated the liability risk can be effectively managed. Here are a few things you should know about the disease and some suggestions for managing the liability risk it poses. Continue reading →
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Filed under Best Practices, Risk Management, Warranty
Tagged as bacteria, breach of warranty, CDC, Centers for Disease Control, customer, end user, fatal, faucet, fountain, HVAC, Implied Warranty, instruction, legionellae, Legionnaires' Disease, Mayo Clinic, owner's manual, Paul E. Wojcicki, personal injury, personal injury litigation, plumbing, product, product liability, product maker, product manufacturer, product user, risk management, RV, Segal McCambridge Singer & Mahoney, showerhead, spigot, Susan E. Smith, Thomas P. Bernier, warning, warranty, water filter, water supply, written warranty