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Torts âą Products Liability
TORT#081
Legal Definition
IWFPP arises when (1) the seller knows or has reason to know the particular purpose for which the goods are required, and (2) that the buyer is relying on the seller's skill and judgment to select the goods.
To establish a breach, the plaintiff must show: (1) the product failed to live up to this standard, and (2) the failure proximately caused their damages.
In addition to the buyer of the product, their family, household, and guests may also sue.
To establish a breach, the plaintiff must show: (1) the product failed to live up to this standard, and (2) the failure proximately caused their damages.
In addition to the buyer of the product, their family, household, and guests may also sue.
Plain English Explanation
Breach of implied warranty of fitness for a particular purpose (IWFPP) happens when you buy something for a special reason, and the seller knows about it. Itâs not about the product being bad for general use, but about it not being right for the specific job you needed it for.
Hereâs how it works:
(1) The seller has to know your purpose: You, as the buyer, need the product for a particular task, and the seller either knows this or should reasonably figure it out. For example, if you tell a shoe store clerk that you need boots for hiking in wet, rocky terrain, theyâre on notice that the boots need to handle that specific environment.
(2) You rely on the sellerâs expertise: You're counting on the seller's skill and judgment to help you pick the right product. So if that clerk recommends boots for regular walking, but they donât hold up on rocky, wet trails, youâre in trouble because you relied on their advice.
If the product doesnât live up to the sellerâs recommendation for your particular purpose and causes some kind of damage, you might have a claim for breach of this warranty.
What do you need to prove?
(1) The product didnât meet the special purpose: The boots, for example, werenât actually fit for hiking on wet rocks.
(2) You suffered some kind of harm because of it: Maybe the boots were slippery, you fell, and injured yourself. You have to show that the productâs failure directly caused your harm. Itâs not enough if the boots just werenât comfortableâthey have to have caused real damage or injury.
Note that your family, anyone in your household, or even guests who used the product and got harmed can sue, too.
Hereâs how it works:
(1) The seller has to know your purpose: You, as the buyer, need the product for a particular task, and the seller either knows this or should reasonably figure it out. For example, if you tell a shoe store clerk that you need boots for hiking in wet, rocky terrain, theyâre on notice that the boots need to handle that specific environment.
(2) You rely on the sellerâs expertise: You're counting on the seller's skill and judgment to help you pick the right product. So if that clerk recommends boots for regular walking, but they donât hold up on rocky, wet trails, youâre in trouble because you relied on their advice.
If the product doesnât live up to the sellerâs recommendation for your particular purpose and causes some kind of damage, you might have a claim for breach of this warranty.
What do you need to prove?
(1) The product didnât meet the special purpose: The boots, for example, werenât actually fit for hiking on wet rocks.
(2) You suffered some kind of harm because of it: Maybe the boots were slippery, you fell, and injured yourself. You have to show that the productâs failure directly caused your harm. Itâs not enough if the boots just werenât comfortableâthey have to have caused real damage or injury.
Note that your family, anyone in your household, or even guests who used the product and got harmed can sue, too.
Related Concepts
In establishing a valid strict products liability claim, what is a design defect?
In establishing a valid strict products liability claim, what is a manufacturing defect?
In establishing a valid strict products liability claim, what is a warning defect?
What are the 5 theories of products liability?
What are valid defenses to product liability claims based on breach of warranty?
What are valid defenses to strict products liability?
What is required to bring a valid products liability claim under breach of express warranty?
What is required to bring a valid products liability claim under breach of implied warranty of merchantability (IWM)?
What is required to bring a valid products liability claim under intent?
What is required to bring a valid products liability claim under misrepresentation of fact?
What is required to bring a valid products liability claim under negligence?
What is required to bring a valid products liability claim under strict liability in tort?
