Product Liability and Breach of Warranty

By dtaw on December 16, 2018

A consumer law book and a legal gavelWhen we purchase goods from the store, we expect them to be in proper working order. Unfortunately, not every product we buy is suitable for consumers. They can cause serious injuries even if they are used as intended. That’s where our Oklahoma City, OK law firm can help. Our product liability lawyers will hold companies and sellers accountable for defects that harm consumers.

Breach of warranty is an important aspect of product liability lawsuits. The team at the Tawwater Law Firm would like to cover the basics of this topic below.

Defining “Breach of Warranty”

When you purchase the product, there is usually a product warranty. This is a guarantee that the product purchased is free from defects and dangers, and that it will work as intended when used as directed.

If a product causes harm, demonstrates defects, or does not perform as advertised, it is considered to be in breach of warranty. The seller, designer, or distributor may be legally liable for harm or losses related to this product.

Types of Breach of Warranty

There are three different kinds of breach of warranty, covering various aspects of a product’s use and the expectations of a consumer. Let’s define each kind in brief below.

  • Express Warranty - An express warranty usually comes from the sellers of a product, guaranteeing the product will work in a specified way. A seller may guarantee that a set of kitchen knives will last a lifetime, fo instance.
  • Implied Warranty of Merchantability - An implied warranty of merchantability means that the product in question is not affected by any design defects or manufacturing defects. This warranty also guarantees that all warning labels and instructions are current and will prevent harm.
  • Implied Warranty of Fitness - An implied warranty of fitness means that the product is fit for the task the consumer wants it to perform. A seller may hear that a consumer wants boots for hiking in wet weather, and will then sell them footwear that meets those needs.

Some Examples of Breach of Warranty

Now with each of those warranty types defined, let’s look at some examples of a breach of warranty in those cases.

  • Breach of Express Warranty - If the set of knives mentioned above become dull and unusable as a result of normal wear and tear, they are in breach of their express warranty given the lifetime guarantee.
  • Breach of Implied Warranty of Merchantability - Say a person purchases a cordless hedge trimmer for work in their lawn. This head trimmer is poorly designed and not properly constructed, leading to a serious laceration while the owner is doing routine yard work. The product is in breach of implied warranty of merchantability given the harm caused to the consumer.
  • Breach of Implied Warranty of Fitness - If a person was looking for hiking boots that are ideal for wet weather but they are instead given regular walking shoes, the seller clearly did not provide the product that was fit for the expressed needs of the consumer.

Learn More About Your Legal Options

For more information about your legal rights and options, it’s important that you contact our team of product liability attorneys. The legal team at Tawwater Law Firm is here to help. You can reach our law office by phone at (405) 673-8021.

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