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Products Liability Keyed Owen, 8th Ed.
Henningsen v. Bloomfield Motors, Inc.
Citation:
161 A.2d 69 (1960)Facts
On May 7, 1955, Claus Henningsen purchased a new 1955 Plymouth from Bloomfield Motors as a Mother’s Day gift for his wife. The purchase contract contained a standardized warranty on the reverse side in fine print that limited the manufacturer’s liability to replacement of defective parts within 90 days or 4,000 miles and disclaimed all other warranties, express or implied. The warranty was not specifically brought to Henningsen’s attention, and he did not read it. After delivery, the car operated normally for ten days. On May 19, 1955, while Mrs. Henningsen was driving at 20-22 mph on a smooth highway, she heard a loud noise from the front of the car, the steering wheel spun in her hands, and the car veered sharply to the right, crashing into a wall. The car had only 468 miles on the odometer at the time. Due to the extensive damage, it was impossible to determine the exact cause of the steering failure, but expert testimony suggested a mechanical defect in the steering mechanism. The plaintiffs sued both the dealer and manufacturer for breach of implied warranty, despite Mrs. Henningsen not being a party to the purchase contract.
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