In Hauter v.Zogarts Hauter received a "Golfing Gizmo" that was made by Zogarts as a present.The device was a golf ball attached to string that a user could hit with club.The box that it came in stated,"completely safe,ball will not hit player." Hauter had read the safety manual and used the product a dozen times when he hit the ball too low and was struck in the head with the ball,causing serious injury.Hauter sued for breach of warranty.Zogarts argued that the photos of the man using it properly were a disclaimer and that it was only "completely safe" when used like the photo.The court held that:

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The court held that Zogarts breached the implied warranty of merchantability because the product was not suitable for its intended purpose of practicing golf safely. The fact that the box stated it was "completely safe" created an express warranty that was not fulfilled. The photos were not considered a disclaimer of the warranty. Hauter's proper use of the product and the lack of an age restriction were not relevant factors in the court's decision.

In Hauter V