Flippo v. Mode O'Day Frock Shops - 248 Ark. 1, 449 S.W.2d 692 (1970)

Rule:

Ark. Stat. Ann. § 85-2-314 (1961) provides that to be merchantable, the goods must, inter alia, be fit for the ordinary purposes for which such goods are used.

Facts:

A customer was bit by a brown recluse spider as she was trying on a pair of pants. Following her 30-day hospitalization, the customer filed suit against the store and its owner, claiming she was entitled to recover damages under the theories of negligence, strict tort liability, and the implied warranty of merchantability. The trial court instructed the jury only on the issue of negligence. The jury found in favor of the store and its operator. The customer appealed the trial court's refusal to submit the case under the theories of strict liability and implied warranty.

Issue:

Did the law of implied warranty of merchantability apply in this case?

Answer:

No

Conclusion:

The court affirmed the judgment. The law of implied warranty of merchantability was not applicable to the case. The pair of pants itself was fit for the ordinary purposes for which pants were used, and there was no evidence that the pants were defective in any manner. The spider was not a part of the pants, no matter when the spider attached itself to the pants. The injury to the customer was caused by the spider, not by the product of clothing. The law of strict tort liability was also not applicable. The pants themselves were not dangerous at all, let alone unreasonably dangerous.