Recover Damages for Product Liability and Breach of Warranty
Products should work as intended and not cause harm when used properly. When a defective product causes injury, a product liability lawsuit may help recover damages.
There are different types of product liability lawsuits, including strict liability, negligence, and breach of warranty. Today, the attorneys of the Foley Law Firm would like to focus on product liability and breach of warranty. Servicing Scranton, Stroudsburg, Wilkes-Barre, PA,and surrounding areas, our attorneys are available to discuss your product liability case.
About Breach of Warranty and Product Liability
A product warranty is a guarantee that a product meets certain standards and will work in a certain way. Manufacturers and sellers have a legal liability that the products they sell work as they should and meet general quality standards.
If a product doesn’t work properly, the manufacturer may be considered in breach of warranty. In other words, a breach of warranty may occur if a product doesn’t work as the product manufacturer promised, whether they promised the product to work in a certain way or for a certain amount of time.
When a breach of warranty issue, such as a product defect, causes an injury, product liability laws can come into play. Product liability laws are intended to protect consumers by holding manufacturers or sellers liable for damages caused by a product in breach of warranty.
Types of Breach of Warranty Product Liability Claims
There are different types of breach of warranty when it comes to product liability claims. These include:
- Express Warranty: Express warranties are specific guarantees about a product and may be written in a sales contract or may be verbal. They generally make a promise regarding what the product will do or that it will work in a certain way.
- Implied Warranty of Fitness: Implied warranty of fitness describes when a product is not defective but is not the right product for the consumer’s needs and purposes. In order to fall into this category of breach of contract, the seller must be aware of the buyer’s needs and aware that the buyer is relying on the seller’s advice to help them buy the right product.
- Implied Warranty of Merchantability: When products are for sale, it is implied that they will work properly and as intended. This also means that they should be free of manufacturing defects, have the correct labeling, and be free of design defects. If a product is defective, not properly labeled, or doesn’t work as promised, there may be a breach of implied warranty of merchantability.
Seeking Damages for Product Liability and Breach of Warranty
Manufacturers or sellers who are in breach of warranty may be held liable for any injuries that occur as a result of the sale of the defective product. Through a product liability lawsuit it may be possible to recover financial compensation for such damages as:
- Hospital bills
- Other medical expenses
- Lost wages
- Pain and suffering
Contact the Attorneys of Foley Law Firm
If you have been injured by a defective product, you may be able to recover compensation for your injuries and other damages through a product liability lawsuit. To schedule a consultation with the attorneys of the Foley Law Firm, please call (570) 342-8194.