Bell Sports, Inc. v. Yarusso
Supreme Court of Delaware
759 A.2d 582 (2000)
Brian Yarusso (plaintiff) was left quadriplegic after crashing his off-road motorcycle while wearing a helmet made by Bell Sports (defendant). He sued for negligence and breach of express and implied warranties, pointing to language in the helmet's owner's manual stating the helmet's "primary function" was to reduce harmful effects of a blow to the head and that it was "designed to absorb the force of a blow" by spreading it across the shell. The same manual also contained a five-year limited warranty stated to be "in lieu of all other warranties." The jury found Bell breached express or implied warranties (though not negligent) and awarded Yarusso damages; the trial court denied Bell's post-trial motions, and Bell appealed.
Whether a seller may disclaim an express warranty that the seller itself created through affirmations of fact elsewhere in the same product materials.