Breach of Warranty in a Product Liability Claim: When a Promise is Broken
Imagine purchasing a product with the assurance that it will perform as expected, only to find it failing shortly after. In product liability law, this broken promise can form the basis of a “breach of warranty” claim. When a product doesn’t live up to the standards guaranteed by the seller or manufacturer, and this failure leads to injury or damage, consumers have the right to seek compensation. In fact, consumers can recover damages for personal injuries, economic costs, and even attorney’s fees.
Understanding Warranties
Warranties are guarantees about a product’s quality, performance, or suitability. They are a cornerstone of consumer protection, ensuring that buyers receive what they pay for. There are two primary types of warranties:
- Express Warranties: These are specific promises made by the seller, either verbally or in writing, about the product’s characteristics or performance. An express warranty is usually set forth in a sales contract, but at times it is conveyed through the seller’s oral statements about the product. For example, a salesperson might claim a washing machine makes no noise, or a product label might state the item is “100% waterproof”.
- Implied Warranties: These warranties are not explicitly stated but are automatically applied to sales transactions under the law. There are two main types of implied warranties:
- Implied Warranty of Merchantability: This guarantees that a product is fit for its ordinary purpose and is of reasonable quality. In other words, it assures that the product will perform as expected under normal circumstances.
- Implied Warranty of Fitness for a Particular Purpose: This applies when the seller knows the buyer intends to use the product for a specific purpose and assures them it is suitable for that use.
The Legal Basis: The Uniform Commercial Code (UCC)
Most laws surrounding warranties are contained in the Uniform Commercial Code (UCC). The UCC is a broad set of laws that govern U.S. commercial transactions. It ensures businesses and consumers can enter into contracts with confidence that the terms will be enforced. While not a federal law, the UCC has been adopted (in some part) by all states.
Elements of a Breach of Warranty Claim
To successfully pursue a product liability claim based on breach of warranty, a plaintiff generally needs to prove the following:
- A Warranty Existed: Whether express or implied, a warranty must have been in place at the time of sale.
- The Product Failed to Conform to the Warranty: The product must have a defect or nonconformity that violates the terms of the warranty.
- Causation: The breach of warranty must have directly caused the injury or damage.
- Damages: The plaintiff must have suffered actual damages as a result of the breach, such as personal injury, property damage, or financial loss.
- Notice: The buyer typically must notify the seller of the breach within a reasonable time after discovering it.
Types of Product Defects
Product defects often play a central role in breach of warranty claims. These defects can arise in various ways:
- Design Defects: These are inherent flaws in the product’s design that make it unsafe, even before it’s manufactured.
- Manufacturing Defects: These occur during the production process, causing the product to deviate from its intended design.
- Marketing Defects (Failure to Warn): These involve inadequate instructions or warnings about potential risks associated with the product’s use.
The Role of Expert Witnesses
In many breach of warranty cases, expert witnesses are essential. These experts can provide specialized knowledge to help the jury understand complex technical or scientific issues related to the product’s design, manufacture, or performance. Types of expert witnesses include:
- Engineers: To analyze product design and safety standards.
- Medical Experts: To explain how a defective product caused physical harm.
- Material Scientists: To study product composition and identify substandard materials.
- Human Factors Specialists: To assess the safety of a product’s design for normal consumer use.
Expert witnesses can offer opinions that help the court understand the root cause of an accident, establish causation, and determine liability.
Defenses to Breach of Warranty Claims
Sellers and manufacturers have several potential defenses against breach of warranty claims:
- Disclaimer of Warranties: Sellers may attempt to limit or disclaim warranties, but these disclaimers must be clear, conspicuous, and meet specific legal standards to be enforceable.
- Misuse or Alteration of the Product: If the buyer used the product in an unintended way or altered it, the warranty may be voided.
- Failure to Provide Notice: The buyer’s failure to notify the seller of the breach within a reasonable time can bar them from any remedy.
- Statute of Limitations: Every state has a statute of limitations that limits how long a consumer may wait to sue for an implied warranty after buying a particular product. Under the UCC, the general statute of limitations is four years from the date the breach occurred, but this can vary based on jurisdiction and contract terms.
Navigating the Legal Process
Filing a product liability lawsuit based on breach of warranty involves several steps:
- Gathering Evidence: Collect all relevant documents, including sales receipts, warranty information, product manuals, and medical records.
- Consulting with an Attorney: An experienced product liability attorney can evaluate your case, advise you on your legal options, and help you navigate the legal process.
- Filing a Complaint: Your attorney will file a formal complaint with the court, outlining your claims and the damages you seek.
- Discovery: Both sides will exchange information and evidence through interrogatories, depositions, and requests for documents.
- Settlement Negotiations: Many cases are resolved through settlement negotiations, where the parties agree to a compromise.
- Trial: If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome.
Seeking Justice for Breach of Warranty
A breach of warranty claim in a product liability case can be a complex legal matter. However, if you’ve been injured by a defective product that didn’t live up to its promises, you have the right to seek compensation for your losses. Understanding your rights, gathering the necessary evidence, and working with an experienced attorney can help you navigate the legal process and pursue the justice you deserve.