Farmers are adopting three principles. Firstly, negligence – that AO Smith did not take reasonable care in the design, testing and marketing of the heater, and did not provide sufficiently clear warnings or instructions to consumers. Second, strict product liability – covering design defects, manufacturing defects, component defects and failure to warn, Farmers alleges that a safe alternative design was available and economically viable when the unit was manufactured. And third, breach of warranty – both the express six-year manufacturer’s warranty under the Uniform Commercial Code and Texas law and the implied warranty of merchantability and fitness for a particular purpose.
Texas farmers sue AO Smith over alleged water heater malfunction & more related News Here
