Limited preemption of UCC warranty claims by federal statutes

Article Abstract:

A New York court held that the US Hazardous Substance Act did not preempt claims under the Uniform Commercial Code, in Wallace v Parks Corps. The maker and seller of a camp fuel were sued for the fuel's ignition while refueling a camp stove, causing injuries. The claims were for faulty design of fuel and container, and breach of implied and express warranty. The decision of Cipollone v Liggett Group was used, which held no preemption by the US Cigarette Labeling and Advertising Act.

Petroleum Refineries, Petroleum refining, Distillate Fuel Oil, Interpretation and construction, Commercial law, Fuel oils, New York (State)

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Section 2-314 economic loss doctrine - plaintiff ineligible for tort recovery - restrictive definition of "other property" limits plaintiff to warranty theory of recovery

Article Abstract:

A plaintiff was unable to recover for tort in a 1995 case in which the court held that recovery was unavailable under the economic loss doctrine, thus limiting the plaintiff to a warranty recovery theory. The plaintiff had sought tort recovery for water damage sustained due to a manufacturer's faulty roof. The court's restricted interpretation of "other property" which had been injured effectively prevented the plaintiff's recovery in tort.

Product Liability, Warranties, Warranty, Pure economic loss doctrine, Economic loss doctrine

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SS. 2-314, 2-725 merchantability warranty - sale of food or drink for consumption on the premises or elsewhere - UCC statute of limitations applicable

Article Abstract:

A New Mexico court held the UCC's four-year breach of warranty statute of limitations to be applicable in a case barred by the state's three-year tort limitations law. The case was brought by a nightclub customer who claimed to have been served a drink containing glass fragments. The court relied on UCC s. 2-314, which specifically apply to drinks sold for on-premises consumption.

New Mexico, Nightclubs, Limitation of actions, Statute of limitations

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