An Overview of Breach of Warranty Claims

A breach of warranty claim arises if a seller misrepresents their product, and you suffer loss because of the misrepresentation. Such misrepresentations typically affect the quality, safety, or function of the product. Below is a brief overview of breach of warranty claims and what you should know if you want to file a claim.

The law recognizes two basic types of warranties.

Express warranties apply to claims that a party makes with regard to a product. The claim can be either written or oral. Here are some examples of express warranties:

• A tire manufacturer claims their tires will not lose more than 50% of the tread at the 50,000-mile mark.
• A milk vendor claims that their milk can stay for a month without going bad if kept within a certain temperature range.
• A roofing manufacturer claims that their shingles can withstand winds up to 100mph.

The party doesn't have to use the words guarantee or warranty to make an express warranty. The express warranty arises as long as their words specifically describe the quality or use of the product.

An implied warranty exists if the seller doesn't make specific claims about their products. An implied warranty means that parties to the transaction have a tacit understanding of the quality and functionality of the product.

For example, if you go to a store to buy milk, the seller doesn't have to tell you that the milk is fit for consumption - you implicitly understand that to be the case. Thus, the seller breaches their implied warranty if the milk turns out to be poisonous.

You don't have to be the owner of a product to file a breach of a warranty claim. In addition to the owner, other parties who can file such a breach of warranty claim include:

• Bystanders. An example is a defective car that explodes and injures a bystander. The bystander can file a breach of warranty claim against the car manufacturer.
• Family members. For example, if you buy bad milk, and it affects everyone in your family, they also have a breach of warranty claim against the milk vendor.
• Borrowers. If a neighbor borrows a defective power tool and gets hurt, the neighbor has a valid claim against the tool's manufacturer.

Thus, don't hesitate to file a breach of warranty claim if you didn't buy the product. Consult an injury lawyer to assess the circumstances of your injury and advise you whether you have a claim.

A product manufacturer is not the only liable party in a breach of warranty claim. Other parties include:

• Vendors, such as wholesalers and retailers, who handled the product before it got to you
• Marketers who advertised the product and influenced you to buy it
• The company that assembled the product

Include all the potential defendants in your injury claim to maximize your damage recovery.

As with other injury cases, the defendants will do everything in their power to avoid blame. For example, the defendants might claim that:

• They sold the product to you on an as-is basis or with all faults
• You assumed the risk of the product
• The product was not the actual cause of your injury
• The statute of limitations has expired

A breach of warranty claim is a form of a product liability claim. These claims tend to be complicated, and you may need an expert witness to help you process your claim.

The liable party should compensate you after a breach of warranty. However, they will not just hand over the compensation to you - you have to fight for it. Wegner & Associates has a wealth of experience with personal injury law. Contact us so that we can analyze your case and determine the best way to fight for your compensation.