Code of Alabama

Ala. Code § 7-2-318 (2026)

Third-Party Beneficiaries of Warranties Express or Implied.

✓ official Alabama Legislature (ALISON) text, current July 2026
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A sellers’ warranty, whether express or implied, extends to any natural person if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.

(Acts 1965, No. 549, p. 811.)

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 1978–2025 · leading case: Rose v. Gen. Motors Corp., 323 F. Supp. 2d 1244 (N.D. Ala. 2004).
Rose v. Gen. Motors Corp., 323 F. Supp. 2d 1244 (N.D. Ala. 2004). · cites it 7× “To the extent that the contract of sale contains provisions under which warranties are excluded or modified, or remedies for breach are limited, such provisions are equally operative against beneficiaries of warranties under this section.”
Mosley v. Wyeth, Inc., 719 F. Supp. 2d 1340 (S.D. Ala. 2010). · cites it 6× “The Mosleys claim that the Reglan manufacturers are liable to them for breach of warranty based on Alabama Code Section 7-2-318, which states: A seller’s warranty, whether express or implied, 7 extends to any natural person *1349 if it is reasonable to expect that such person…”
Chase v. Kawasaki Motors Corp., USA, 140 F. Supp. 2d 1280 (M.D. Ala. 2001). · cites it 3× “Code § 7-2-318 (1997), Plaintiffs have standing to bring a direct action based on the alleged representations made to Mrs.”
Keck v. Dryvit Sys., Inc., 830 So. 2d 1 (Ala. 2002). “These examples cannot be dismissed as an exaggerated parade of horribles.”
Lisk v. Lumber One Wood Preserving, LLC, 993 F. Supp. 2d 1376 (N.D. Ala. 2014). · cites it 5× “Ala.Code § 7-2-318 states that "[a] sellers’ warranty, whether express or implied, extends to any natural person if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty.”
Wellcraft Marine v. Zarzour, 577 So. 2d 414 (Ala. 1990). “There is no right of action on an implied warranty theory against a manufacturer for property damage without privity of contract; Section 7-2-318, Ala.Code 1975, provides, "A seller's warranty, whether express or implied, extends to any natural person.”
Hobbs v. Gen. Motors Corp., 134 F. Supp. 2d 1277 (M.D. Ala. 2001). “The provisions of Section 7-2-318 on third party beneficiaries expressly recognize this case law development within one particular area.”
Morris Concrete, Inc. v. Warrick, 868 So. 2d 429 (Ala. Civ. App. 2003). “Code 1975, applies to the circumstances presented in this case; that section states: "A sellers' warranty, whether express or implied, extends to any natural person if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in…”
Boyd v. TTI Floorcare North Am., 230 F. Supp. 3d 1266 (N.D. Ala. 2011). · cites it 2× “2000); Ala. Code § 7-2-318 (1975), cmt. 3, 8. (ii) Case Law Relied Upon by the Parties The question before the court is whether the SteamVac® or PowerSteamer® names create an affirmation of fact that the products will use steam in the cleaning process.”
Johnson v. Am. Mut. Liab. Ins., 368 So. 2d 506 (Ala. 1978). · cites it 6× “§ 7-2-313, § 7-2-314, § 7-2-315 and § 7-2-318 be brought within four years after tender of delivery is made unless the damages are injuries to the person in the case of consumer goods or unless a warranty ex-plicitely [sic] extends to future performance of the goods? 2.”
Miller Indus., Inc. v. Caterpillar Tractor Co., 473 F. Supp. 1147 (S.D. Ala. 1979). “Code § 7-2-318 in eases of purely economic loss.”
Ballard v. Gen. Motors LLC (M.D. Ala. 2021). · cites it 5× “2 Ex parte General Motors 2 See Ala. Code § 7-2-318 (“A sellers’ [sic] warranty, whether express or implied, extends to any natural person if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the…”
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