What Is a Breach of Warranty in Personal Injury Law?
A breach of warranty occurs when a product fails to meet the standards or promises made by the manufacturer, seller, or distributor, leading to harm or injury. In personal injury law, this concept is commonly applied in product liability cases, where a defective product causes injuries to a consumer. Warranties may be either express (clearly stated by the seller or manufacturer) or implied (automatically provided under the law, such as an expectation of safety or functionality).
Key types of warranties:
- Express Warranty: Specific guarantees made about the product, such as its safety, performance, or durability.
- Implied Warranty of Merchantability: Assurance that the product is reasonably safe and suitable for its intended purpose.
- Implied Warranty of Fitness for a Particular Purpose: Applies when a seller knows the buyer’s specific need for the product and recommends it accordingly.
Why Is Breach of Warranty Significant in Personal Injury Cases?
A breach of warranty is a critical element in holding manufacturers or sellers accountable for injuries caused by defective products. Its importance includes:
- Establishing Liability: Demonstrates that the product did not meet the promised or expected safety standards.
- Compensation for Damages: Victims can seek recovery for medical expenses, lost wages, pain and suffering, and property damage caused by the defective product.
- Promoting Accountability: Encourages manufacturers and sellers to uphold safety standards and ensure product quality.
If you’ve been injured due to a defective product, consulting an attorney experienced in product liability law can help you navigate a breach of warranty claim and secure fair compensation for your injuries.
