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Old November 4, 2013, 03:01 PM   #4
B. Lahey
Senior Member
Join Date: March 17, 2008
Location: Indiana
Posts: 2,853
suppose you have tire insurance from the dealer who sold you the tires. you have a flat that is covered by the guarantee; you change the tire, bring it to them and they replace and remount it free.
but suppose you paid a service truck to change the tire...
would you expect the dealer to cover that cost as well?
I'm unsure how your story relates to this situation. Are you saying I should have sent the pistol to the ammunition distributor, or the ammunition manufacturer, to be fixed?

It is my argument that the goods in question failed with regard to the implied warranty of merchantability, among other law, and perhaps the Magnuson-Moss Warranty Act, as I certainly purchased no ammunition insurance policy, if such a thing even exists.

excerpt from IC 26-1-2.1-212
Implied warranty of merchantability

(2) Goods to be merchantable must be at least such as:
(b) in the case of fungible goods, are of fair average quality within the description;
(c) are fit for the ordinary purposes for which goods of that type are used;
(d) ... of even kind, quality, and quantity within each unit and among all units involved;

I do not think that ammunition that fails to leave the barrel, subjecting the user to a high risk of injury were it not noticed, qualifies as goods of fair average quality fit for the ordinary purposes for which goods of that type are used. I additionally think that the presence of a squib round in a box of ammunition disqualifies it from being considered of even kind and quality within each unit, and among all units.

I don't know if they will pay my gunsmithing bill, but I plan to pursue it for kicks if they don't. The products liability cases I have been involved with so far have been much less entertaining.
"A human being is primarily a bag for putting food into; the other functions and faculties may be more godlike, but in point of time they come afterwards."
-George Orwell
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