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Product Liability and Breach of Warranty

By Kelly Chanfrau, Esq. on December 06, 2018

A statue of justice with scalesWhen a product fails and injures a consumer, it’s important that the designer, manufacturer, or distributor of that defective product be held legally accountable for the harm they caused. The Daytona Beach, CA product liability lawyers of Chanfrau & Chanfrau will not be intimidated by companies or business interests. We will fight to ensure the rights of consumers are observed, and that companies answer for the dangers they cause.

The concept of breach of warranty is crucial in many product liability lawsuits. Below we will provide some basic information on breach of warranty. If you’ve been injured by a dangerous or defective product, we encourage you to share your story with us so we can discuss legal options.

“Breach of Warranty” Defined

Broadly speaking, a product warranty is a guarantee that a product will function properly when it is used as directed. When a product is purchased, it should be safe, not defective, and in proper working order. When a product is defective, harmful, or does not perform as advertised, the product may be considered in breach of warranty.

Types of Breach of Warranty Explored

There are different types of warranties worth considering with regard to dangerous or defective products. Let’s consider each below:

  • Express Warranty - Express warranties tend to be included in sales contracts or are made by sellers of a product. These guarantee certain features or aspects of a product, such as when a salesperson or company guarantees a pair of boots will last two or more years.
  • Implied Warranty of Merchantability - This warranty guarantees that the product in question is not affected by design defects or manufacturing defects, and there are proper labels on the product serving as instructions or hazard warnings.
  • Implied Warranty of Fitness - This warranty means that the seller knows a consumer is seeking a product for a specific purpose, and provides a product to meet the consumer’s needs. If a person is looking for running shoes, the seller should sell the consumer running shoes that fit their needs.

Examples of Breach of Warranty

Knowing how these warranties work, here are some simple examples of breach of warranty for each type we outlined above:

  • Breach of Express Warranty - If the pair of shoes the consumer buys does not last two years as specified, the seller or manufacturer may be said to break their initial guarantee.
  • Breach of Implied Warranty of Merchantability - If a person purchases a power tool which defective in design or its assembly, and this defect led to an injury accident, the seller or maker of the power tool is in breach of implied warranty of merchantability. This product should not have been sold in given its dangers.
  • Breach of Implied Warranty of Fitness - If the consumer we noted above was sold normal walking shoes rather than shoes that were designed for running, the seller clearly did not provide a product that fit the needs of that buyer.

These are just some examples of breach of warranty. Assessing breach of warranty requires legal expertise and an understanding of consumer laws on the books. Our attorneys are here to help you with these kinds of cases.

Contact Our Product Liability Attorneys

To learn more about your legal rights and options in product liability cases, be sure to contact our defective product lawyers. The legal team at Chanfrau & Chanfrau is here for the consumer and their loved ones. You can reach our law firm in Daytona Beach at (866) 610-0653, and in Palm Coast at (386) 439-7760.

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