What constitutes a breach of an implied warranty of merchantability in product liability?
A breach of the implied warranty of merchantability occurs when a product fails to perform as safely as an ordinary consumer would expect, or it does not conform to the general standards set for such products. This includes cases where a product is flawed in design, manufacturing, or has insufficient instructions or warnings.
For example: If a bicycle helmet cracks under minor impact, failing to protect the user’s head, this could constitute a breach as helmets are expected to withstand such forces to keep users safe.