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Torts • Products Liability
TORT#082
Legal Definition
Valid defenses include: (1) assumption of risk, and (2) under the UCC, failure to give notice of breach
Plain English Explanation
When it comes to defending against product liability claims based on breach of warranty, there are a couple of defenses sellers and manufacturers can rely on:
(1) Assumption of Risk: This defense kicks in when the buyer knew about the potential danger or defect in the product but still decided to go ahead and use it anyway. Think of it like this: if someone buys a car with a clear warning that the brakes are faulty and they still drive it, they’ve assumed the risk of something going wrong. The idea is that you can't hold the seller responsible if you knowingly put yourself in harm's way.
(2) Failure to Give Notice of Breach (UCC defense): Under the Uniform Commercial Code (UCC), which governs commercial transactions, the buyer has to notify the seller of the breach within a reasonable time after discovering the issue. If you don’t let the seller know about the problem in time, you might lose your right to bring a claim. This is to give the seller a fair chance to fix the problem before they’re hit with a lawsuit. For example, if you bought a defective laptop but didn’t notify the store for months, the seller might argue that your delay in giving notice bars your claim.
(1) Assumption of Risk: This defense kicks in when the buyer knew about the potential danger or defect in the product but still decided to go ahead and use it anyway. Think of it like this: if someone buys a car with a clear warning that the brakes are faulty and they still drive it, they’ve assumed the risk of something going wrong. The idea is that you can't hold the seller responsible if you knowingly put yourself in harm's way.
(2) Failure to Give Notice of Breach (UCC defense): Under the Uniform Commercial Code (UCC), which governs commercial transactions, the buyer has to notify the seller of the breach within a reasonable time after discovering the issue. If you don’t let the seller know about the problem in time, you might lose your right to bring a claim. This is to give the seller a fair chance to fix the problem before they’re hit with a lawsuit. For example, if you bought a defective laptop but didn’t notify the store for months, the seller might argue that your delay in giving notice bars your claim.
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 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 fitness for a particular purpose (IWFPP)?
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?
