Legal Question in Product Liability in New York

Re: Denny V. Ford Motor Company

The last post copied language from the court's opinion in that case. Here is a link to the site if you want to read the opinion yourself in its entirety. http://www.law.cornell.edu/nyctap/I95_0274.htm

Feel fee to contact me if you have questions after reading the actual case.

Re: Denny V. Ford Motor Company

The issue was the distinction, if any, between causes of action for strict products liability and breach of implied warranty.

Re: Denny V. Ford Motor Company

Are the elements of New York's causes of action for strict products liability and breach of implied warranty always co-extensive? If not, can the latter be broader than the former? These are the core issues presented by the questions that the United States Court of Appeals for the Second Circuit has certified to us in this diversity action involving an allegedly defective vehicle. On the facts set forth by the Second Circuit, we hold that the causes of action are not identical and that, under the circumstances presented here, it is possible to be liable for breach of implied warranty even though a claim of strict products liability has not been satisfactorily established.