• Strict Products Liability And Implied Warranty Of Merchantability Claims Allowed To Proceed Against Air Mattress Manufacturer And Retailer
  • July 16, 2014
  • Law Firm: Sutherland Asbill Brennan LLP - Washington Office
  • The U.S. District Court for the Middle District of Florida denied a motion to dismiss a plaintiff’s strict products liability and implied warranty of merchantability claims against an air mattress manufacturer and the retailer from which the product was purchased. The plaintiff was allegedly injured after his inflated air mattress unexpectedly popped and collapsed. The defendants argued that the plaintiff’s complaint failed to plead a specific defect that caused the product to be unreasonably dangerous, which was required under Florida law for a strict products liability claim. The court disagreed, finding that the allegation that “the product suddenly popped, producing a large hole, and it collapsed” to be sufficient. The court explained that this allegation identified the source of the defect such that the defendants could form a responsive pleading directed at a defect in either the design or manufacture of the product that caused it to pop and collapse: “What specifically caused the air mattress to pop is a question appropriately left for the discovery portion of this case.”