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In Florida, you may bring a claim for damages against a product manufacturer if you have suffered an injury due to a defect in their product.  There are a number of theories on which you can base your product defect claim, depending on the circumstances, such as : strict liability, negligence, and breach of warranty.  In the context of product defects, breach of warranty claims are rather unique, so let’s take a closer look at how they work.

Put simply, a warranty is a “guarantee” that the product manufacturer makes to the foreseeable users of their product.  For example, a car manufacturer may warranty that by purchasing their product, it will be suitable for its intended purpose.  In other words, they are saying that it has been designed for driving and that — aside from some sort of mechanical issue — it will perform as intended.

When a product manufacturer breaches their promise (their guarantee) or warranty, they may be exposed to liability — and in some cases, the liability may be substantial, particularly if there is an injury involved.

Suppose that a product manufacturer sells a unique set of scissors that are designed to be safe for children to use.  More specifically, the manufacturer warranties that the design of the scissors is such that it cannot cut through skin — but it will cut through thin paper, which is what the scissors are intended for.  Now, suppose that a child is using the scissors and manages to cut himself.  The child has hemophilia, so he ends up losing significant amounts of blood and nearly dies as a result.  The damages are significant.

Product warranties can perhaps be split into two categories: implied warranties and express warranties.  Depending on the circumstances surrounding your injury, you may have a legitimate product defect claim involving one or both of the warranty categories.

Breach of Warranty — Implied Warranties

Implied warranties will apply (by default) whether or not the product manufacturer has explicitly made promises to the end-user.  Implied warranties are highly protective of consumers — the warranties establish a baseline of safety and utility for all products.

The implied warranty of merchantability is a warranty of quality.  Essentially, the implied warranty of merchantability involves a guarantee by the manufacturer that the product is (at minimum) of average quality and that it is fit for the ordinary purposes for which such goods are used.  If there are multiple products being sold in the same package, the warranty also guarantees that all products in the packaging will be of relatively even quality.

If you purchase a package of items where one of the items is defective, and as a result you suffer injuries, then you might have a breach of warranty claim against the manufacturer on the basis of the implied warranty of merchantability.

By contrast, the implied warranty of fitness is a guarantee that the product is suitable for a particular purpose.  For example, if you buy a fruit blender, then the implied warranty of fitness is a guarantee that it will be suitable for blending soft fruit.  If the product does not work for such purpose, and in fact represents a risk of harm when used for such purpose, you might have a legitimate breach of warranty claim.

Breach of Warranty — Express Warranties

Express warranties are rather interesting, as there are an infinite number of potential warranty variations.

For example, suppose that a tire manufacturer expressly warranties that its tires can be safely used in extreme off-road conditions.  They advertise the tires using pictures of trucks in rocky areas.  You purchase the tires and take your truck off-roading.  The tires quickly fail, however, resulting in an accident.  You would likely have a breach of warranty claim against the manufacturer.

Not all representations made by a manufacturer constitute express warranties.  Whether a manufacturer’s representation is a warranty depends largely on the circumstances surrounding the representation.  It’s therefore crucial that you work with an experienced product defect attorney who is capable of putting forth a convincing argument (and gathering sufficient evidence) for the existence of an express warranty.

Speak With an Experienced Fort Myers Defective Product Attorney For Further Guidance

Product defect litigation may involve a number of different claims — manufacturing defect claims, design defect claims, and the failure to warn or properly instruct users.  Still, many product defect plaintiffs may not realize that they can make an excellent argument for damages on the basis of a “breach of warranty” claim.  Breach of warranty gives injured victims in product defect accidents another means by which to assert a claim for damages.

Successful product defect litigation requires the skill-set of an attorney who has experience handling diverse product claims, including those that involve breach of warranty.  Call the Spivey Law Firm, Personal Injury Attorneys, P.A. at (888) 477-7748 or submit an online form to schedule a free consultation with experienced Fort Myers defective product attorney Randall Spivey.  During your consultation, we will evaluate your product defect claims and help you take the first steps in securing maximum compensation for your various injuries.