Product Liability and Breach of Warranty By Hardin Ramey on August 11, 2022

Electrical cord on fireWhen consumers purchase a product, they have the right to expect that it will work as intended. If a product is faulty, it can be extremely frustrating. However, what is even worse is when a defective product causes a consumer harm. Numerous people are injured each year due to defective products that have made their way to the market.

When someone is injured by a defective product, a product liability claim can hold responsible parties accountable for resulting damages. Many product liability claims involve breach of warranty. Here, product liability attorney Hardin Ramey, who serves the Dallas, TX, area, helps people understand how breach of warranty may apply when a defective product causes personal injury.

What Is a Breach of Warranty?

Many commercially sold products come with warranties. Warranties are a guarantee that a product will work as intended, or that it will adhere to certain industry standards. Warranties are considered legal contracts. They are covered by both state and federal laws. If a product does not work as promised, it is considered a breach of contract. When a product fails to work as intended and it results in an injury, victims can file a product liability claim under the grounds of breach of warranty, or breach of contract.

Types of Breach of Warranty

There are three types of breach of warranty that may apply to a product liability claim: express warranty, implied warranty of fitness, and implied warranty of merchantability.

  • Express warranty - An express warranty is a written or verbal promise that is spoken aloud or provided in a sales contract. This type of warranty expressly guarantees that a product will do certain things or perform in a certain way. A written contract is easier to prove, but verbal warranties must still be met by manufacturers or merchants.
  • Implied warranty of fitness - An implied warranty of fitness applies to situations where a consumer purchases a product for a set purpose, on the advice of a seller. In these cases the seller knows the intended purpose for the product, and sells the buyer a product that doesn’t actually meet that need. A product does not necessarily need to be defective to meet grounds to file a product liability claim based on implied warranty of fitness, it just needs to fail to meet the intended purpose of use.
  • Implied warranty of merchantability - An implied warranty of merchantability assumes that a product will work as intended, even if there is no express warranty. Essentially, a product should contain proper labels, and it should be free of manufacturing or design defects.

Damages for Breach of Warranty

Damages awarded to our Dallas clients in a product liability claim based on breach of warranty vary based on the unique circumstances of each case. Potential areas of compensation include:

  • Medical expenses (past and future)
  • Cost of rehabilitation or therapy
  • Loss of income
  • Loss of wage-earning capacity
  • Pain and suffering

Contact Us

When a product fails to meet up to the promises of an expressed or implied warranty, and it results in personal injuries, liable manufacturers or sellers should be held accountable for damages. If you are considering a product liability claim, attorney Hardin Ramey can help you explore your legal options. To schedule a personal consultation at our Dallas law firm, send us a message online or call (972) 437-5577 at your earliest convenience.

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