What is a “Breach of Warranty”?
A breach of warranty occurs when the manufacturer or seller of a product fails to fulfill promises to the buyer whether those promises were explicit or implicit, resulting in injury or some sort of damages to the buyer.
Express Warranty Lawsuit
Usually, express warranties are promises that are:
- Shown in advertising, or
- Demonstrated by sales representatives
If someone buys tires for their car and the written warranty listed that the tires would last for 40,000 miles, but the tires go flat before 40,000 miles, this would be considered a breach of warranty. A breach of warranty could also occur if the salesperson selling these tires claimed the warranty was 80,000 miles even though the written warranty only stated them as being for 40,000 miles.
Product manufacturers and sellers are expected to keep promises, not just the minimum stated in writing. These promises include claims made in public, the buyers experience in previous purchases of the same product, and those made in contract negotiations.
Implied Warranty Litigation
Implied warranties are reasonable expectations the buyer of a product may have when using the product. The circumstances of the sale can also come into play when filing an implied warranty breach claim. The following warranties are implied and may be the basis of a lawsuit when breached:
- Warranty of Merchantability: A product must be “sellable” meaning that it will do what similar products will do without causing harm. An example would be expecting to safely watch a television plugged into the wall not to cause an electrical fire since that is what a television is expected to do.
- Warranty of fitness for a particular purpose: A product sold is based on the recommendation by the seller to the buyer. In this case the buyer must show that he or she was injured or some sort of damage occurred as a result of the seller’s recommendation. If a construction company needing a truck that could haul a certain amount of weight was instead sold one that was unable to do so and could show damages as a result of being unable to fulfill a contract this could be considered a breach of warranty.
If you or a loved was was hurt because of a manufacturer’s unfulfilled promises, you may be eligible to file a claim for injuries caused by the product’s defects. Examples of product liability lawsuits include bad prescription medication, faulty auto parts and other defective products. An experienced law firm and its dedicated attorneys are paramount in navigating the legal waters to get you the compensation you deserve. The Cochran Firm’s Washington, D.C. office’s seasoned injury lawyers are ready to fight for your legal rights and hold these manufacturers accountable. Please call us at 202-682-5800 or fill out a contact form. Because strict time limits apply, we recommend contacting us at your earliest convenience.