When products fail, so do promises. That promise might be printed on a label, tucked in a manual, or implied by the product’s inherent functionality. This is where warranties in defective product cases and product liability law intersect.
Product Liability and Warranties 101
A warranty is a legal guarantee about the condition or performance of a product. Under U.S. law, warranties typically fall into two categories:
- Express Warranties
- Implied Warranties
Express warranties are clearly stated promises made by the seller or manufacturer in writing or verbally. Implied warranties are unspoken, unwritten guarantees that a product will work as expected.
How Warranties Affect Product Liability Claims
Product liability and warranties are related but different. Product liability defines responsibility for placing defective products in the consumer’s hands. However, a warranty is a contract-like promise that can strengthen a product liability claim.
A breach of warranty can be grounds for legal action if a product causes harm and violates its warranty. A consumer may sue for product liability and warranty breaches and request compensation. Talk to an experienced attorney at Sullivan & Sullivan to learn more.
Common Manufacturer Defenses for Defective Products
Manufacturers can use different defenses when a defective product lawsuit is tied to a warranty claim. For example, they may argue that the product is sold “as is” or that warranties were disclaimed in clear language.
Moreover, manufacturers may deny liability if the user did not follow the product’s warnings or instructions. These defenses may not always hold up, but they highlight the importance of having legal representation. Under the Uniform Commercial Code (UCC), consumers must notify the seller of a breach of warranty within a reasonable time, and failure to do so may void their right to claim.
How Consumers Can Protect Themselves
If you’ve been injured or financially harmed by a defective product, there are practical steps you can take to protect your rights under warranty and product liability laws. Keep all documentation such as receipts, product manuals, packaging, and warranty cards to prove when and how the product was purchased and what was promised.
Report issues promptly by notifying the seller or manufacturer as soon as you experience a defect or harm. Delays can jeopardize your case, so take photos, save the defective product, and gather medical reports or repair estimates if you can.
Laws around warranties and defective product claims are complex, but a product liability attorney can help determine whether you have a valid breach of warranty claim, a strict liability case, or both. Schedule a consultation with Sullivan & Sullivan today.
Understanding the Nuances of Product Liability and Warranties
Understanding the nuances of warranty law can empower consumers to make better purchasing decisions. For example, some products come with a limited warranty that only covers specific parts or functions, while others offer lifetime warranties that can be riddled with exclusions and loopholes.
Read the fine print, watching for language that limits how long the warranty lasts, and checking what’s covered or whether the seller requires arbitration instead of a lawsuit. Not every defective product results in a viable legal claim, and courts often assess whether the defect was the actual cause of injury or loss. So, if you altered or misused the product in a significant way, your legal options may decrease.
What are you up against, and are you eligible for compensation for defective products? Find out by contacting Sullivan & Sullivan to discuss your case.
