Kansas City and Johnson County Product Liability Attorneys
In Kansas “particular purpose” means an unusual, nonordinary purpose. K.S.A. 84-2315; International Petroleum Services, Inc. v. S & N Well Service Inc., 230 Kan. 452, 461 (1982). To the extent that Johnstone and Parker argue that VA10 was not meant to clean line sets, we can argue that by providing the chemical, there was an implied warranty that it could in fact clean out the line sets.
One case which is particularly helpful to our facts is Addis v. Bernardin, Inc., 226 Kan. 241, 597 P.2d 250 (1979), where a seller’s recommendation against the purchase of a product insisted upon by the buyer was held insufficient to avoid liability for breach of implied warranty for a particular purpose, where the seller knew of, but failed to explain to buyer, the product’s incompatibility with the product’s intended use. Addis at 248.
In Addis, Plaintiff relied on a supplier to provide lids to seal salad dressing bottles. Defendant had recommended against using the lids which were purchased, but failed to explain why the purchased lids would not work properly. The Court ruled that the defendant was liable for allowing the Plaintiff to purchase the lids without cautioning him as to why the lids would not work. Id.
P.I.K. 128.10 is the instruction for an implied warranty of fitness for a particular purpose claim and states:
When a seller at the time of contracting for a sale has reason to know of any particular purpose for which the (products) (goods) are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable (products) (goods), there is an implied warranty that the (products) (goods) shall be fit for that purpose.
A seller who breaches this warranty is liable to any person who may reasonably be expected to use, consume, or be affected by the goods and who is injured as a result.
Remember, the specifics of your case are unique, call The Law Offices of Jeremiah L. Johnson, LLC, today at 913-764-5010 to discuss your case. Inital consultations are free and you are under no obligation to retain our counsel.