Understanding Product Liability Lawsuits and Breach of Warranty

Feb 18, 2016 — by Gary Zucker
Tags: Product Liability

A gavel and the American flagThe legal team at Gary A. Zucker & Associates, P.C. has helped countless people throughout Brooklyn in complicated legal matters. We fight for successful resolutions, and we always make sure that clients understand their legal options at each step of a case.

This dedication and legal expertise is crucial for product liability lawsuits when consumer goods cause injury. Breach of warranty is one facet to consider in these cases. Let's go over the basics right now.

What Is Breach of Warranty?

A breach of warranty refers to one potential aspect in a product liability lawsuit. In essence, it means that the product that caused the injury was not as the maker or distributor represented it. This means that it did not accomplished it promised purpose properly, resulting in injury or harm of some kind.

There are two kinds of warranties that can be breached: express warranty and implied warranty. Let's consider each individually.

About Express Warranty

An express warranty refers to a statement made by a product's manufacturer regarding the proper and intended use of a product.

Example of a Breach of Express Warranty

Say that you purchase a motorized hedge trimmer to use in your yard. The product is marketed to be used to trim bushes safely. If you use the hedge trimmer to trim a bush but it breaks from regular use outlined in the instructions causing an injury, this is an example of breach of warranty.

About Implied Warranty

An implied warranty, by contrast, is not a direct statement by a manufacturer. Instead, this is an implication that the product a consumer receives will be in proper working order and can be used for an intended purpose safely.

Example of Breach of Implied Warranty

Say that you purchase a blender to make smoothies. You assume since it is a high-powered blender that it can process ice, and the employee at the store tells you that such use is safe given the nature of the product. If this blender breaks when blending ice and causes injury, it may be considered a breach of implied warranty.

Proving Breach of Warranty

Proving breach of warranty in a product liability lawsuit will involve examining the packaging, instructions, and advertising materials for the product in question. In addition, in-store demos and the nature of the product may be considered to determine if the product, used reasonably, really is viable for a given use.

How Our Attorneys Can Help You

These concerns about the breach of express warranty and implied warranty can be difficult for laypeople to prove on their own. It's important that you have a skilled attorney on your side instead. Your lawyer will provide you with expert counsel during the product liability lawsuit, offering advice and counsel each step of the way. While your attorney handles the complexities of the case, you and your loved ones can focus on recovery and moving forward with your lives.

Contact Gary A. Zucker & Associates, P.C.

If you would like more information about your legal options following a serious injury caused by a product, be sure to contact our personal injury attorneys today. The lawyers of Gary A. Zucker & Associates, P.C. are here to help you in your time of legal need.

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