Proving Van, Motor Home Product Defect Cases – The UCC Expands Consumer Protections By Expanding Scope Of Liability
The Uniform Commercial Code (UCC), is the codified set of commercial laws that govern the purchase and sale of “goods” and which include, by definition, the sale of vans, motor homes and other types of recreational vehicles. This includes what the UCC calls the “implied warranty of merchantability”.
A critical feature of the implied warranty of merchantability is that even if the Magnuson-Moss Warranty Act allows a ‘component part” manufacturer from disclaiming liability under the last stage manufacturer rule, it cannot disclaim the UCC’s implied warranty of merchantability rule which casts a much wider net of liability around not only the final manufacturer of the product, but also the sub-manufacturers and suppliers of that product.
Therefore, under the UCC, the “final manufacturer” of the end-product may also be held liable for a defective component part, even though it did not directly manufacture the component part and did not provide a warranty for that component part.