Breach of Warranty in Products Liability Cases

When you buy a product, you expect it to work. Your purchase may even come with a warranty that guarantees parts and repair for a certain period of time. Too often, the products that we buy don’t live up to their expectations.

When a product doesn’t work as intended, it can leave you feeling frustrated and angry. You might even suffer significant injuries. What are your rights when a product doesn’t work as it should and should you work with a products liability attorney to build a claim for compensation? Here’s what you should know about breach of warranty claims in Nevada.

What Is Breach of Warranty in Nevada?

Breach of warranty is the legal liability that applies to a product manufacturer when the product that they make doesn’t work as it should. A breach of warranty may be based on an express warranty where the product manufacturer makes an affirmative promise that the product is going to work for a particular purpose or last for a certain period of time.

A breach of warranty may also be based on a consumer’s reasonable expectation that a product is going to work for the purposes that it’s intended for. A breach of warranty is the legal liability that a manufacturer can face when their product doesn’t work as it should.

Types of Warranties Under Nevada Law

Two types of warranties apply in Nevada:

Express warranty – An express warranty is a promise that a manufacturer makes to induce the sale of a product. For example, if you purchase a washing machine, it might come with a five-year warranty. When you buy the washing machine, the manufacturer guarantees that it’s going to work for reasonable use for five years. If the washing machine stops working after two years, you have a claim for breach of express warranty against the manufacturer.

Implied warranty – An implied warranty is an implied guarantee that comes with every product that you buy. You may reasonably assume that a product is going to work for its intended purpose. For example, when you buy a washing machine, you expect that it’s going to work to wash your clothes. If you get home to find that the machine has faulty components, leaks water, and doesn’t work to wash clothes, you have a breach of implied warranty claim against the washing machine manufacturer.

Nevada Statutory Laws for Breach of Warranty

Nevada has adopted the Uniform Commercial Code in Nevada Revised Statutes Chapter 104. Nevada’s Uniform Commercial Code creates laws for when warranties exist and for what counts as a breach of warranty. Nevada law creates both express and implied warranties.

Product Warranty

Breach of Express Warranty

Nevada Revised Statutes law 104.2313 creates express warranties in the following circumstances:

  • The seller makes an affirmative promise about the product
  • An assertion of fact by the seller which induces the sale of the item
  • A description of the item that causes the sale
  • When the seller uses a sample or model to make assertions about the product

Nevada’s express liability law says that the manufacturer doesn’t have to formally use the words warranty or guarantee to create an express warranty. It’s enough for the manufacturer to make a promise about the goods to get the purchaser to buy the item.

Breach of Implied Warranty

Nevada Revised Statute 104.2314 is Nevada’s law for breach of implied warranty. The law says that a product must be merchantable compared to goods of the same kind. In other words, a product must work for its intended purpose. The law goes on to say that a good must be of fair, average quality and fit for its ordinary use. A product must come packaged and labeled according to the agreement of sale. The parties may make an agreement to exclude or modify an implied warranty.

Nevada law 104.2315 creates a similar law. It says that a buyer may rely on a seller’s judgment or knowledge regarding the suitability of a good. If a buyer indicates that they want a good for a particular purpose, the buyer may rely on the seller’s promise that the goods are sufficient. Like the breach of implied warranty, the buyer and seller may agree to limit or refuse an implied warranty of fitness for a particular purpose.

Do Implied Warranties Extended to Third Parties in Nevada?

Yes, an implied warranty extends to third parties in Nevada in some circumstances. Nevada law 104.2318 says that third parties may benefit from express and implied warranties. The law extends protections to anyone in the family or household. Guests in the home may also be covered if they use the goods or if they’re affected by the products. Sellers may not categorically exclude third parties from warranty protections beyond the extent that they may limit general express or implied warranties.

What Are My Rights If I’m the Victim of a Breach of Warranty in Nevada?

If you’re the victim of a breach of warranty in Nevada, you have the right to compensation for your damages. Your damages under Nevada law include your financial damages including medical bills, rehabilitation costs, and mobility aids. Lost work, lost career potential, and even costs to help you care for your household can all be a part of your claim. You also have a right to compensation for emotional damages and mental anguish.

How Do I Bring a Claim for Breach of Warranty in Nevada?

You may bring a claim for breach of warranty in Nevada by filing a legal claim. You must assert your rights within the time limits that apply. Once you submit your claim, the defendant has a chance to respond. You may choose to take your case to trial or pursue alternative dispute resolution to resolve your claim without a formal trial.

Experienced Products Liability Attorneys in Nevada

Do you have a product that didn’t live up to its warranty? Are you ready to get justice? We have a team of attorneys that help victims find relief when they’re victims of a breach of warranty. Don’t assume that you have no path to recovery until you speak with a member of our professional team. We’re here to help, and your consultation is friendly and confidential. Call us today to talk about your case.


Legal Disclaimer

This webpage is not intended to be an advertisement or solicitation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Material contained in our website is for general information only and does not constitute legal advice or solicitation of legal services.

Transmission of information from this site is not intended to create, and its receipt does not constitute, an attorney-client relationship between Adam S. Kutner and the user of this site. In the event that any information on this web site does not conform fully with regulations in any jurisdiction, this law firm will not accept representation based on that information.

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 30 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.