The past few decades have seen the development of a trend in the field of products liability that has increased the protection of the ultimate consumer by expanding the duties and liabilities of the manufacturer and seller. This inclination has recently been extended by requiring manufacturers and sellers to warrant the safety of their products, and by abrogating the necessity of privity in most warranty actions. The result has increased the consumer's chance of recovery for personal injury caused by a defective product on the basis of negligence or breach of warranty. However, should the consumer die from the injury, and the personal representative be unable to prove negligence, it is questionable whether an action will lie for wrongful death based on breach of warranty. This uncertainty exists because jurisdictions differ over whether an action for breach of warranty may be brought under their wrongful death statutes. While warranty is generally considered contractual in nature, the majority of courts have construed the wording of their statutes to be applicable only in tort.
Sales-Breach of Warranty and the Wrongful Death Statutes- Tort Concept of Warranty is Extende,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol7/iss2/18