Question 1

What is a breach of warranty?

Accepted Answer

Breach of warranty is defined as the “failure of a seller to fulfill the terms of a promise, claim or representation made concerning the quality or type of a product.” Purchasers rely on express and implied warranties to determine quality, safety and usefulness.
Although express warranties are part of a sales contract, implied warranties cover “implied promises from the seller to the buyer that the product, if used as it is supposed to be used, will not harm the purchaser.

Question 2

What is an express warranty?

Accepted Answer

There are different types of express warranties, however it is a guarantee that the product meets a certain level of expectation for quality and reliability. This can be verbal or written. If the product fails to comply with these expectations, the manufacturer will fix or replace the product for no additional charge. Many such warranties are printed on a product’s packaging or made available as an option.
A verbal express warranty is just that – a verbal statement made that ensures quality and reliability. For example, if the car dealership tells you that the car will drive for over 100,000 miles and it fails at 50,000, the buyer can take this up with the dealership. However, proving the existence of a verbal warranty can be very difficult.

Question 3

What is an implied warranty?

Accepted Answer

Most consumer purchases are protected by an implied warranty of merchantability that means the product is guaranteed to work as claimed.
Federal law defines “merchantable” by the following criteria:

They must conform to the standards of the trade as applicable to the contract for sale.
They must be fit for the purposes such goods are ordinarily used, even if the buyer ordered them for use otherwise.
They must be uniform as to quality and quantity, within tolerances of the contract for sale.
They must be packaged and labeled per the contract for sale.
They must meet the specifications on the package labels.

Used goods are covered under this clause, although some states have different laws about products being marked as “sold as is” which voids the implied warranty.

Question 4

Why should I consider a product liability claim due to a breach of warranty?

Accepted Answer

Besides the fact that you should be fairly compensated for any injuries or damages you have incurred because of a product failing to perform at the assumed level of safety, we believe there is an ethical obligation to bring attention to this issue.
The company with the breach of warranty should be held responsible and required to make the proper changes that will prevent anyone else from being injured.

Question 5

What should I do if I am injured from a product due to a breach of warranty?

Accepted Answer

If you or a loved one are injured from a product due to a breach of warranty, you should first seek medical attention. Be sure to document your injuries with pictures and keep all medical records associated with your injuries. If you are able to preserve the product that caused the injury, that can be very important to your case as well.
Finally, you should speak to one of our experience personal injury attorneys at the Eltringham Law Group to discuss the specifics of your case and move forward with a law suit if necessary.

Question 6

If I am injured by a product that was recalled due to a manufacturing defect, do I still have a case?

Accepted Answer

A product recall should not significantly affect your case as the recall itself acknowledges that there was a defect in design, manufacturing or other causes. Our attorneys have the experience to help you get compensation and justice you deserve, despite the recall on a product.

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