Liability for personal injuries Essay Example | Topics and Well Written Essays - 250 words

Liability for personal injuries - Essay Example In the given example, the sales contract entered by the car dealer (seller) and Smith (buyer) contained a provision wherein the seller expressly disclaims any liability for personal injuries caused to the buyer, as a result of defects in the car and limiting the remedy for breach of warranty to repair or replacement of the defective part. As it turns-out, one month after purchasing the car, Smith was seriously injured when the car swerved off the road and fell into a ditch as a result of a defect in the steering mechanism of the car.   Here, the limitation given to the Smith to recover from a breach of warranty for personal injury or for the repair or replacement of the defective part of the car should be declared as unconscionable by the court. Therefore, the contract disclaimer shall be disregarded by the court and shall allow the buyer to recover damages from the seller, based on the breach of warranty for the personal injury suffered by buyer. A person who is injured by a defec tive product can seek recovery for damages based on breach of warranty.