Product Liability and Breach of Warranty

Dec 6, 2018 — by Gary Zucker
Tags: Product Liability

Lady Justice statueIf a person purchases a product and then is injured while using the product as it was advertised or intended, they likely have grounds to file a product liability lawsuit.

Product liability holds sellers and manufacturers responsible for the products they make, distribute, or sell. This allows consumers to buy products without fearing that the correct use of those products will cause them injury or harm.

There are several different types of product liability claims that can be filed. Experienced attorney Gary A. Zucker has a thorough understanding of all areas of product liability law, and is ready to assist clients as they seek financial compensation for damages.

Here, we discuss product liability and breach of warranty, and what our Brooklyn, NY clients can do if they have been harmed by a product they purchased.

What Is a Warranty?

A warranty is a promise or guarantee that is made by the seller or manufacturer of a product. There are two types of warranties that are recognized in product liability lawsuits: express warranty and implied warranty.

  • Express warranty: An express warranty is one that is explicitly stated. While most express warranties are actually made in writing, a visual advertisement or commercial could also be considered an express warranty. For example, if a saw had instructions stating that it could be used to cut through metal, that would be an express warranty. A commercial showing someone using the saw to cut through metal would also be considered an express warranty.
  • Implied warranty: An implied warranty is not explicitly stated or expressed, but it is generally accepted by the public. Essentially, an implied warranty means that a consumer has the reasonable right to assume that a product can be safely used for its intended purposes. For example, if a consumer purchases an oven, it is implied that they should be able to use the oven as directed without it causing a fire.

What Is Breach of Warranty?

A breach of warranty occurs when a product fails to work as specifically advertised or instructed, or when a product fails to work as implied.

It is important to distinguish the difference between breach of warranty and product liability. If a breach of warranty leaves a consumer with a product that does not function properly or is not safe to use, the consumer has a right to seek a refund or exchange of the product.

It is only when injuries or other financial losses occur as a result of a breach of warranty that a product liability case can be filed.

Seeking Compensation for Damages

Consumers who have been injured by a product they purchased may be able to seek financial compensation through a product liability lawsuit. This is a complicated area of law, so it is always important to work with an attorney, such as Gary A. Zucker, who is experienced and knowledgeable in this field.

Mr. Zucker will gather the evidence necessary to build a case so our clients can seek maximum compensation for losses such as medical expenses, pain and suffering, and any lost wages due to missed work.

Schedule a Consultation

If you have been injured and have questions about your right to file a product liability lawsuit, we are here to help. Schedule a personal consultation with attorney Gary A. Zucker at your earliest convenience. Call (718) 624-1211 to discuss the details of your case.

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