Understand Product Liability Lawsuits and Breach of Warranty

Feb 14, 2016 @ 09:37 AM — by dtaw
Tagged with: Product Liability

A product barcodeThe lawyers of Tawwater Law Firm, PLLC have helped countless people in the greater Oklahoma City area with serious legal cases. This includes assistance in product liability lawsuits following injury and serious accidents.

We'd like to focus on a specific aspect of product liability lawsuits known as breach of warranty. This may be able to help you and your loved ones following serious harm.

Understanding Product Liability Lawsuits

Product liability lawsuits are filed when a defective or dangerous product causes serious injury to a consumer. The product in question can take many forms, from children's toys to common electronics and even motor vehicles. Whether the dangerous flaw in the item is the result of a design defect, a manufacturing defect, or an issue that arose during the distribution process, product liability lawsuits are important for holding negligent companies accountable.

Defining Breach of Warranty

Breach of warranty refers to an aspect of product liability lawsuits. In essence, a breach of warranty means that a product is not as it was represented by the maker or distributor.

There are two kinds of warranties to consider when it comes to breach of warranty:

  • Express Warranty – An express warranty is a statement by the manufacturer regarding the quality and nature of a product when it comes to said product's intended and safe use

  • Implied Warranty – An implied warranty is not a statement by the manufacturer. Rather, it is an implication that the product received is in proper working order as advertised (implied warranty of merchantability) and will be safe as advertised for the intended purpose (implied warranty of fitness for a particular purpose). Implied warranties are based on the reasonable expectations of the consumer.

Examples of Breach of Warranty

One example of breach of warranty involves the use of a blender that is advertised as being able to make smoothies, including instructions for use in this express purpose. If a consumer tries to make a smoothie with ice and the blender winds up breaking and causing injury, this would be an example of a breach of express warranty.

An example of breach of implied warranty is the use of a garden trimmer to cut certain types of plants in your backyard, such as bamboo. If the employee at the hardware store sells you the trimmer saying it can be used for the purpose you've mentioned but the trimmer winds up breaking and harming you, you may be able to claim a breach of implied warranty of fitness for a particular purpose.

How to Prove Breach of Warranty

To prove a breach of warranty in a product liability lawsuit, it's important to have the product, the instructions, the packaging, and the marketing materials available to note the intended use and implied uses of the product.

Given the legal complexities in the litigation process, it's helpful to have a skilled attorney on your side. Your attorney will provide you with expert counsel, helping you make smart choices as you take a negligent company to task. Don't go it alone, and instead partner with legal experts who will empower you.

Schedule a Consultation at Tawwater Law Firm, PLLC

For more information about your legal rights following an injury that was the result of a dangerous or defective product, be sure to contact our experienced team of attorneys today. The lawyers of Tawwater Law Firm, PLLC will fight diligently for you and provide expert counsel every step of the way.

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