New Jersey Defective Product Lawyers Discuss Breach of Warranty Lawsuits
Many products come with a warranty, which guarantees that the product’s quality will meet a certain standard. A breach of warranty occurs when a product is defective or fails to meet that standard of quality. Depending on their use, defective products can often result in serious injury. Federal and state laws regarding product warranties vary and in some cases conflict, but there are consistent elements in each. Understanding these elements is crucial to pursuing a successful breach of warranty lawsuit.
Types of Warranties
There are three main types of consumer product warranties, each of which is governed differently under warranty law. The first is an express warranty, which is a guarantee made by the product’s seller. This type of guarantee can either be written into the sales contract or established verbally during the sales process. For example, a salesperson may tell a customer that a filtration system will be sufficient to filter their entire home, or this may be written explicitly into the contract. If the filtration system fails to treat the whole house, the customer may sue for breach of warranty. In some cases, the contract may include a clause stating that any guarantees made by the salesperson are not valid, but this does not necessarily prevent a customer from pursuing a breach of warranty lawsuit.
An implied warranty of merchantability is a guarantee that a product is not mislabeled or defective. This means that the seller or manufacturer is providing a product that is fit for the purpose for which it is sold, and that the promises made by the seller or the product’s labeling are accurate. A design or manufacturing flaw may result in a defective product or batch of products, which would violate the implied warranty and is grounds for a breach of warranty lawsuit. There are very few exceptions to an implied warranty of merchantability, which may include products that are sold “as is.”
Consumer products are also sold under an implied warranty of fitness, meaning that the seller is aware that the customer is purchasing the product for a specific use, and that the customer is trusting the seller’s judgment in choosing that product. If the seller misled the customer or the product does not actually serve that purpose, the seller or manufacturer may be liable for breach of warranty. In these cases, the product does not necessarily need to be defective in order for the warranty to be breached.
Legal Requirements for Breach of Warranty Cases
When pursuing a breach of warranty lawsuit, it is important to know the warranty laws governing the case. Many states have time limits on when to file a product liability case. Most states also have specific guidelines for obtaining a refund, although in a breach of warranty lawsuit, the amount may exceed the value of the product to cover any damages incurred as a result of the breach. An experienced product liability lawyer can help sort through the legal requirements to give your case the maximum chance of success.
New Jersey Product Liability Lawyers at Eichen Cutchlow Zaslow , LLP Obtain Compensation in Breach of Warranty Cases
If you have suffered from an injury as a result of a breach of warranty, call New Jersey product liability lawyers at Eichen Crutchlow Zaslow, LLP. Our knowledgeable, experienced legal team will review the facts of your case and prepare a sound legal strategy to fight for the compensation you are entitled to. Call us at 732-777-0100 or contact us online for a free consultation.
Eichen Crutchlow Zaslow, LLP has purposely remained small in size, because it is important to us that we get to know our clients and their needs. Larger NJ injury firms may churn out case after case, but that’s not how we operate. Partners Barry Eichen, William Crutchlow, and Daryl Zaslow have created a firm with the resources to handle complex litigation, and a team that takes your case personally.
Find out more about Eichen Crutchlow Zaslow, LLP