Product Liability and Breach of Warranty
When consumers purchase a product, they have the right to expect that it will operate safely when used as directed. Unfortunately, it is not unusual for defective and unsafe products to cause personal injuries, many of which have an effect on a person’s physical, emotional, and financial well-being.
When an unsafe product causes personal injuries and other damages, injury victims should consider filing a product liability lawsuit. Depending on the circumstances of the case, grounds for a product liability claim may involve a breach of warranty. Here, product liability lawyers from Worby Vecchio Edelman, LLP, in White Plains, NY, explain more about this type of product liability claim.
Types of Breach of Warranty Product Liability Claims
Many commercially sold products come with warranties. A warranty is a type of contract that guarantees that a product will work in a certain way and/or adhere to certain safety standards.
As legally binding documents, warranties are protected by both state and federal laws, meaning that manufacturers are responsible for upholding the terms of a warranty. If a warranty is breached and a person is injured as a result, a product liability claim can be filed.
There are three types of breach of warranty product liability claims: breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness.
Express warranties are verbal or written contracts that expressly promise that a product will work in a certain way or do certain things.
For example, a slow cooker may promise that it will cook food without raising the temperature of the outer surface of the cooker. If someone burns themselves because the outer surface of the cooker does get hot, that would be a breach of the express warranty.
Express warranties may be found in a contract, in the product’s label or packaging, in product instructions, in product advertising, or in verbal promises from the seller of the product.
Implied Warranties of Merchantability
An implied warranty of merchantability is a guarantee that a product does not have design defects, manufacturing defects, or improper labels or instructions.
Essentially, if a product is being merchandised and offered by sellers, consumers can expect that it is safe to use as sold, provided it is used for its intended purposes.
Implied Warranties of Fitness
The final type of warranty that may apply to a product liability claim for our White Plains clients is the implied warranty of fitness. An implied warranty of fitness applies to situations where a consumer is buying a product for a specific purpose and a salesperson recommends a product that is not appropriate for that task.
For instance, if a person tells a seller that they need a saw that will cut through glass and the salesperson suggests a saw that is not meant for that purpose, the salesperson can be held accountable if the product ends up causing an injury.
Damages in Product Liability Cases Involving Breach of Warranty
If a breach of warranty results in personal injuries and other types of losses, the injury victim has the right to hold the product designer, manufacturer, or seller liable for related damages.
Potential areas of compensation for those of our White Plains clients who are filing a product liability claim include:
- Medical expenses
- Lost wages
- Loss of wage-earning potential
- Pain and suffering
- Legal fees
Contact Our Injury Lawyers
If you or a loved one has been injured by a defective product or one that failed to meet up to its warranties, you likely have grounds to file a product liability claim. To discuss the details of your situation with the lawyers at Worby Vecchio Edelman, LLP, contact our law firm online or call (914) 686-3700 at your earliest convenience.