Farmers is pursuing three theories. First, negligence – that A.O. Smith did not take cheap care in designing, testing, and advertising and marketing the heater, and did not give customers clear sufficient warnings or directions. Second, strict product legal responsibility – masking design defects, manufacturing defects, element defects, and a failure to warn, with Farmers alleging a safer various design was out there and economically viable when the unit was constructed. And third, breach of guarantee – each the specific six-year producer’s guarantee and the implied warranties of merchantability and health for a selected goal below the Uniform Business Code and Texas legislation.
