Product Liability
Jul. 23, 2010
Do You Need To Read the Warranty First?
The Judicial Council has revoked an affirmative defense for breach of express warranty claims. Paul Killion and John Loveman of Duane Morris hope this clears up confusion about the role of plaintiff "reliance."
Where a written warranty for a consumer product comes wrapped in plastic and sealed in the box, can the manufacturer defeat a breach of warranty claim by contending the consumer could not have relied on the warranty at the time she purchased the goods? In other words, does the fact a written warranty is not read until the goods are delivered and the carton is opened relieve a seller of responsibility for its warranty oblig...
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