Breach of Warranty Lawyers

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What Is a Warranty?

A warranty is a seller’s guarantee that a product has a certain quality. If the product fails to perform as promised, the seller is liable for breach of warranty. There are several different types of warranties. The three main types are:

  1. Express warranties: If a seller makes promises about a product through words or actions, an express warranty is created. Examples of express warranties include written consumer warranties, promises made by the seller, product descriptions, and product samples.
  2. Implied warranties of merchantability: When a seller specializes in a certain type of product, there is an implied warranty that the quality of the products will be equal to what is generally acceptable in the market and that the products will generally be fit for their ordinary purpose.
  3. Implied warranties of fitness for a particular purpose: If a seller knows the particular purpose for which a customer is purchasing a product and knows that the customer is relying on the seller’s skill or judgment, there is an implied warranty of fitness.

Are There Limitations on Warranty Liability?

A buyer can sue a seller for breach of warranty under a contract theory. The remedy will typically be expectation damages, otherwise known as "benefit of the bargain" damages. However, there are limitations on a buyer’s ability to recover:

What Other Types of Recovery Might Be Available?

If the product you purchased is faulty or defective and you have been injured as a result, in addition to a breach of warranty contract claim, you may be able to file a product liability suit for personal injury. Personal injury suits are based in tort law (rather than contract law), so privity is not required. The injured party may recover against the product’s designer, manufacturer, distributor, or seller under the following theories:

Do I Need a Lawyer for a Warranty Lawsuit?

Lawyers who deal with warranties and contracts are knowledgeable of state and federal laws surrounding your specific issue. Since you’re dealing with corporations that have legal defense teams and courts that entail complex procedures, it’s probably a good idea to hire a seasoned lawyer who can advise you through the process.

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Last Modified: 09-19-2014 03:16 PM PDT

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