Question

Assume Manufacturer sold a scooter to Wholesaler in 2007, Wholesaler sold it to Retailer in 2008, Retailer sold it to Consumer in 2009, and Consumer suffered personal injuries in 2012 as a result of an alleged defect in the scooter. Consumer's breach of warranty claims expire against wholesaler?

Answer 1

The consumer's breach of warranty claims do not expire against the wholesaler.

Step-by-step explanation:

The consumer's breach of warranty claims against the wholesaler do not expire based on the given information. In product liability cases, there are different approaches to determine the liability of each party involved in the distribution chain. One of these approaches is the chain of distribution theory, which holds each party in the chain responsible for any defects in the product. In this case, the wholesaler would be liable to the consumer if the scooter had a defect that caused the personal injuries. The liability would not expire, as the consumer suffered the injuries in 2012, within the applicable statute of limitations for product liability claims.