When someone sells you a product, they typically do so with a promise that the product is safe for use and will behave in a particular manner. In fact, you may buy such products only because of the solid promises (warranties) of the seller or manufacturer. However, sometimes a product ends up harming you or failing prematurely. This is what is known as breach of warranty.
Breach of Warranty Injury Claim
A breach of warranty injury claim is basically a way of saying that you relied on someone's (say, a vendor or manufacturer) promises when buying a product, and the product ended up not holding up to the promises. Consider an example where you buy a packet of milk that the producer has promised will stay fresh for three months, but the milk then goes bad and makes you sick after just two months. In this case, the manufacturer has clearly breached their warranty, and you have the right to instigate an injury claim against them.
Forms of Warranty Breaches
There are two forms of warranty breaches that may give rise to a breach of warranty injury claim:
Express Breach of Warranty
An express breach of warranty is one which, just like the name suggests, the manufacturer (or any other relevant party) has clearly stated as such. The warranty statement is typically made in a written form. For example, a motorcycle manufacturer may promise that motorcycle's engine will not break down anytime within the next three years. This is an express warranty because the manufacturer has clearly stated it.
Express warranties may also be stated in the form of advertisements. For example, when an advertiser shows a car being fueled by one gallon of gas and going 70 miles without stopping, the manufacturer is stating that their car has 70mpg fuel consumption.
Implied Breach of Warranty
An implied breach of warranty is not stated or uttered by the manufacturer, but it is implicitly based on the reasonable expectations buyers of the product may have. For example, when you buy a brand new car, the manufacturer doesn't have to state that the brakes won't malfunction the minute you drive off the dealership – this is a reasonable expectation that doesn't have to be made in writing. Thus, you have a breach of warranty claim if the brakes malfunction soon after your purchase, and you will not be expected that the manufacturer actually gave you that promise.
Do you think you have a breach of warranty claim? Why not run it by a personal injury lawyer, like those at Gartner Law Firm, to help you assess the strength of your claim?Share