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Breach of Warranty

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product’s dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty.

Breach of Warranty

A warranty is a promise made about the quality or performance of a product. A warranty can be express (oral or written, such as a sales contract or advertising claims) or implied (unspoken or unwritten). By law, many states provide that there is an implied warranty that a product is reasonably safe for its intended use. Breach of warranty lawsuits do not require that you prove fault or negligence on the part of the manufacturer. You can sue the manufacturer for breach of warranty when the product does not meet the terms of its express warranty or is not reasonably safe for its intended use and you were injured or your property was damaged while using the product.

Consult an Attorney

Consult an attorney promptly if you have sustained an injury while using a defective product. Some states require a consumer to give notice to the manufacturer before filing a lawsuit, and state laws set a limited time period during which a products liability lawsuit has to be filed. Two years is a typical time period for filing suit if a defective product has injured you.

Copyright 2012 LexisNexis, a division of Reed Elsevier Inc.


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