Product Liability: Breach Of Warranty

Product liability is an important area of law for consumers and companies alike. When a manufacturer produces a product that has defects, the consumer is entitled to compensation and/or relief from damages if they are able to prove that the company was negligent in either the design or sale of their defective product.

Breach of warranty allows customers who purchased products with certain warranties to seek legal remedies when those terms fail to be met due to improper manufacturing processes or other aspects outside their control. In this blog post, we will explore how particular laws protect consumers against product liability claims involving breach of warranty issues.

What Is Product Liability?

Product liability is a tort law concept that dictates any company or organization providing a product for use is responsible for any damages or injuries that occur as a result of the usage of their product. This legal concept applies to both tangible and intangible products, and includes stipulations on warranties, defects in materials and design, as well as failure to provide warning labels.

This means that organizations must ensure their products are safe to use. As part of that, accurate information must be supplied before the product reaches the consumer so they understand how to use the product correctly. Product liability can be used to hold an organization or company accountable if someone sustains harm from using their products.

What Is A Warranty?

A warranty is an assurance by a company that their product or service will be free of defects, or their damage will be corrected at no cost. This assurance is typically given in writing, promising the consumer that a repair or replacement will be provided if the product fails to operate as expected during a specific period of time. It helps to provide protection for the consumer for up to a few years and provides peace of mind that any issues with the product will be taken care of by the manufacturer. Most warranties also cover labor, meaning that if the product needs repair in specified conditions and during said period, any additional costs are usually covered.

What Is A Warranty Of Merchantability?

A warranty of merchantability is a legal guarantee that goods sold by a merchant are fit for the ordinary purposes for which they are used. This assurance from the seller of goods means that the items are usable and can provide what is generally expected from them when used in the usual way.

The implied warranty of merchantability does not guarantee that products will last forever, but ensures that buyers receive what was promised. In other words, sellers must sell goods that meet basic standards of quality and function. If these standards are not met, buyers may be entitled to repair or replacement services or even compensation due to lack of conformity with contract terms.

What Is A Breach Of Warranty?

A breach of warranty is a legally binding term that states the guarantee of a product to meet specific conditions. In other words, if something goes wrong with the product due to an error in craftsmanship or an improper design, you can have it fixed with no charge under certain conditions.

In some cases, warranties provide protections for replacing faulty parts or a full replacement depending on the issue. If a company fails to fulfill the terms of its promised warranty, then a customer may be able to receive monetary compensation depending on the laws controlling warranty agreements in their state. It is important for anyone considering buying a product to understand what the different warranties available mean and how they might benefit from them in case something goes wrong down the line.

What Are The Defenses To A Warranty Breach Claim?

It is essential to be mindful of possible defenses to a warranty breach claim when facing a dispute over contract terms. These defenses may include exonerations such as limitations or exclusions in the warranty, justification of ethical conduct, or recognition that no damages have occurred. To illustrate, if one party asserts that the other breached its warranty but the agreement contains a limitation on liabilities, then that may be used as a defense to support for breach of warranty allegations not being valid.

If it could be argued that the conducting party acted within accepted company policies and reasonable standards at the time of contract performance, then this could also possibly serve as evidence against any breach allegation. If the aggrieved party is unable to demonstrate an injury resulting from any purported breach, then this is an effective defense against any breach claim.

There are multiple avenues through which parties can refute claims alleging a breach of warranty. If you have experienced a breach of warranty with a purchased product, contact our specialist product liability attorneys at Briet Biniazan for expert advice and assistance.

What Is A Disclaimer Of Warranties?

A disclaimer of warranties is a legal document that states a seller cannot guarantee the condition of a product or service they are selling and any express or implied warranties are being waived. This means that buyers must accept the risks of unsatisfactory performance or defects in the product or service and have no recourse for reclaiming damages from the seller.

Disclaimers such as this typically appear on contracts for sale, services agreement, websites, products and software packages. This disclaims liability from the seller to the buyer in terms of ensuring the merchantable quality of goods or services being offered. People should be aware of these documents when taking part in any purchase and understand exactly what liability they are assuming by accepting such terms.
If you have had issues with a warranty breach with a purchased product, our product liability attorneys can help. Contact Breit Biniazan today.