Tampa Warranty Breach Attorney

“Products liability action” means a civil action based upon theories of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product.

An injured party may bring a claim under two theories; Breach of an Express Warranty or Breach of an Implied Warranty.

Breach of Express Warranty

An express warranty is a specific, clearly stated promise or guarantee made by a seller or manufacturer regarding the quality, performance, or safety of a product. This promise can be made through verbal statements, written contracts, advertisements, or product labels. When a product fails to meet the terms of the express warranty, the buyer may have grounds to claim a breach of express warranty. Here’s a closer look at what constitutes a breach of express warranty, potential defenses, and legal recourse for affected consumers.

What is a Breach of Express Warranty?

A breach of express warranty occurs when the seller or manufacturer fails to fulfill the promises or guarantees made about a product. This can include:

• Defective Products: The product does not work as promised or is flawed in its construction.

• Non-conformity: The product does not meet the specifications or descriptions provided in the warranty.

• Failure to Perform: The product fails to perform as advertised or as stated in the warranty.

For example, if a manufacturer promises that a car engine will last for 100,000 miles without major repairs and the engine fails after only 50,000 miles, this could be considered a breach of express warranty.

Possible Defenses Against Breach of Express Warranty Claims

When a breach of express warranty claim is made, the seller or manufacturer may raise several defenses to avoid liability. Some common defenses include:

1. No Express Warranty Given:

   • The seller or manufacturer may argue that no express warranty was provided, and any statements made were not intended to be legally binding guarantees.

2. Misuse or Abuse of the Product:

   • If the buyer misused or abused the product, leading to its failure, the seller or manufacturer can claim that the warranty does not cover such conditions. For example, using a product in a manner not intended by the manufacturer.

3. Expiration of Warranty:

   • The warranty period may have expired at the time of the product’s failure. Warranties are usually limited to a specific duration, and claims made after this period may not be valid.

4. No Reliance on Warranty:

   • The seller or manufacturer may argue that the buyer did not rely on the express warranty when making the purchase. If the buyer was unaware of the warranty or did not consider it in their decision, this defense might be applicable.

5. Lack of Notice:

   • The buyer must typically notify the seller or manufacturer of the breach within a reasonable time. Failure to provide timely notice can be used as a defense.

6. Product Alterations or Unauthorized Repairs:

   • If the product was altered or repaired by someone other than an authorized service provider, the warranty may be voided, and the seller or manufacturer can use this as a defense.

Legal Recourse for Consumers

Consumers who experience a breach of express warranty have several legal options to seek remedy:

1. Repair or Replacement:

   • The consumer can demand that the seller or manufacturer repair or replace the defective product as per the terms of the warranty.

2. Refund:

   • If repair or replacement is not feasible, the consumer may be entitled to a refund of the purchase price.

3. Damages:

   • In some cases, consumers may be entitled to compensation for additional damages caused by the breach, such as costs incurred due to the product failure or loss of use.

4. Legal Action:

   • If the seller or manufacturer refuses to honor the warranty, the consumer may file a lawsuit to enforce their rights under the warranty. This can involve seeking monetary compensation or specific performance (requiring the seller to fulfill the warranty terms).

Breach of Implied Warranty

An implied warranty is an unwritten and unspoken guarantee that a product will meet a minimum level of quality and reliability. Unlike express warranties, which are explicitly stated, implied warranties arise from the nature of the transaction and the inherent understanding that the product will perform as expected. When a product fails to meet these expectations, it may constitute a breach of implied warranty. Here’s a detailed look at what constitutes a breach of implied warranty, potential defenses, and legal recourse for consumers.

What is a Breach of Implied Warranty?

There are two primary types of implied warranties:

• Implied Warranty of Merchantability: This warranty guarantees that a product is fit for the ordinary purposes for which such goods are used. It must be of average, fair, or medium-grade quality, and generally conform to the buyer’s expectations.

• Implied Warranty of Fitness for a Particular Purpose: This warranty applies when a buyer relies on the seller’s expertise to select a product for a specific purpose. The seller must know the particular purpose and that the buyer is relying on their expertise to provide an appropriate product.

A breach of implied warranty occurs when these basic expectations are not met. For instance, if a consumer buys a washing machine that fails to clean clothes effectively, it may breach the implied warranty of merchantability.

Possible Defenses Against Breach of Implied Warranty Claims

Sellers and manufacturers may raise several defenses to counter breach of implied warranty claims, including:

1. Disclaimer of Warranties:

   • Sellers can disclaim implied warranties in writing, provided the disclaimer is conspicuous and clear to the buyer. If a valid disclaimer exists, the seller may not be liable for the implied warranty.

2. As-Is Sales:

   • Products sold “as-is” or with similar language may not be covered by implied warranties. Buyers are expected to accept the product in its current condition, with all faults.

3. Misuse or Abuse of the Product:

   • If the product was misused or not used as intended, the seller may argue that the implied warranty does not cover such circumstances. For example, using a kitchen appliance for industrial purposes might void the warranty.

4. Expiration of Warranty:

   • Implied warranties are typically subject to time limits set by state laws. Claims made after the expiration period may be dismissed.

5. No Reliance on Seller’s Judgment:

   • In the case of implied warranty of fitness for a particular purpose, the seller may argue that the buyer did not rely on their judgment or expertise when purchasing the product.

6. Lack of Privity:

   • Some states require privity of contract, meaning the buyer must have purchased the product directly from the seller to claim breach of implied warranty. If the buyer purchased through a third party, this defense might apply.

Legal Recourse for Consumers

Consumers who experience a breach of implied warranty have several legal remedies available:

1. Repair or Replacement:

   • The consumer can request the repair or replacement of the defective product. This remedy is typically sought first before escalating to other options.

2. Refund:

   • If repair or replacement is not possible or practical, the consumer may seek a refund of the purchase price.

3. Damages:

   • Consumers may be entitled to compensation for additional damages incurred due to the breach, such as costs for repairs, inconvenience, or loss of use.

4. Legal Action:

   • If the seller or manufacturer refuses to honor the implied warranty, the consumer may file a product liability lawsuit to enforce their rights. This can involve seeking monetary compensation or other remedies as deemed appropriate by the court.