Breach of Warranty in Products Liability Cases
When you buy a product, you expect it to work. Many purchases, especially electronics and larger purchases, come with a warranty that guarantees parts and repair for a given period of time. Despite best practices, the products that we buy don’t always live up to their expectations.
When a product doesn’t work as intended, it can be frustrating. There is even the possibility that an unreliable product can cause significant injuries. Speaking with an experienced products liability attorney can help you know your rights when a product doesn’t work as designed. Here’s what you should know about breach of warranty claims in Nevada.
Implied Warranty Example
The most common type of warranty is an implied warranty. Consumers purchase products under the implied guarantee that the product will operate at least at an average capacity. Therefore, any product you buy, unless you and the seller agree to other terms, is under an implied warranty.
Used cars are a great example of a product that comes under an implied warranty. When you purchase a car, the dealer is implying that the car is operational and ready for the road (unless the car is being sold “as-is”).
There are different types of implied warranties. If you feel like you purchased a consumer product in breach of an implied warranty, the best thing you can do is call a warranty lawyer for a consultation.
What is an example of a breach of warranty?
So, what is a breach of warranty? A breach of warranty is essentially a new product not working properly or not working as long as promised.
Let’s say you buy a computer from a nearby electronics store, and when you get home, the product doesn’t work — that’s at least a breach of the implied warranty. If the manufacturer makes promises that the product doesn’t meet, that’s a breach of an express warranty, constituting express liability.
Even if there is no promise made regarding the effectiveness or durability of the product, you, as a consumer, have the right to expect the products you purchase to work. Therefore, products that aren’t under express liability are still subject to implied liability.
Can you sue for breach of warranty?
You can sue a company for breach of warranty, but remember that the burden of proof is on you, meaning you have to prove that the seller breached either an implied or express warranty. The best way to determine whether or not you have a case is to contact a product warranty lawyer to assess your claim.
Simply search “breach of warranty lawyers near me,” and start calling the lawyers who rank near the top in organic rankings. Searching this way gives you the best chance of finding the lawyers in your area who have the most experience handling breach of warranty claims.
A warranty claim lawyer understands the different types of warranties and breaches under which your case might fall. That’s why it’s imperative that you get legal aid rather than trying to pursue your claim alone.
What damages are available for a breach of warranty?
The main question in any civil lawsuit is what you can expect to receive in terms of damages. The damages for a breach of warranty depend on the magnitude of the warranty, the particular breach, and any injuries or property damage that occurred as a result of the malfunctioning product. If the product didn’t cause a personal injury or property damage, the compensation comes to the difference between the actual value of the defective product and the value it should’ve had under warranty.
What are the three types of breaches?
Understanding the types of breaches of warranty is vital to building a case for your breach of warranty lawsuit. The three types of warranty breaches are material breach, immaterial breach, and anticipatory breach.
A material breach is one in which the defect(s) of the consumer product significantly or totally prohibits its operability. An example of a material breach would be a gaming system you bought not working once you got it home from the store.
Immaterial breaches are considered minor breaches. These are breaches that don’t affect the operability of the product and are often superficial. Using the gaming system example above, an immaterial breach would be the gaming console having a scratch on it, which doesn’t affect gameplay.
An anticipatory breach occurs when the principal vendor of a product, through their actions or communications, makes it clear they have no intention to honor their product liability. If you purchased a non-working gaming console and tried to return it or get it repaired under warranty and the vendor declines response, this is an anticipatory breach. Their actions show that they have no interest in resolving their liability for the defective product, whether regarding an express or implied warranty.
Hiring a Breach of Warranty Lawyer
When you make a purchase, you expect to be able to use the item in question for its express purpose. When a product does not work as intended, you are out the purchase price at best and may even suffer property damage or personal injury. That’s when you need an experienced breach of warranty lawyer like Adam S. Kutner. We have an established reputation for representing clients with professionalism and compassion. You can trust that we will work to get you the compensation you deserve.
Buying a Used Car From a Dealer | Consumer Advice. (2022).
Civil Cases | United States Courts. (2023).
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