I am of the opininion that this is not a "breach of impilied warranty" claim, so much as it would be a "failure to warn" claim. In the scenario you provide, and without knowing more (ie- how the product injured you and what injuries you suffered) it would be stil unlikely that you would succeed in getting punitive damages, unless you could prove, for example, that there were numerous other incidents of identical injuries under identical circumstances that the company new about and still did not intentionally provide a proper warning. By your indication, there are similar products on the market, made of the same chemicals, it just that this one did not give as good a warning as the others. Even then, this is not a scenario inlvovlng a defective product from the standpoint of its manufacture. As an aside, strict product liability cases, even ones based upon a failure to warn or even breach of warranty, are very expensive to litigate and only worth the effort, so to speak, if the injury is significant and permanent.
As a general rule, the UCC does not provide for punitive damages and NY courts are generally not in favor of punitive awards in contract settings. Breach of implied waranty claims ofen sound in strict products liability, a tort based claim for which punitive damages may be available. This area of the law is somewhat sophisticated and you should really have an attorney familiar with NY products claims on your side before proceeding further.
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