Almost every product that can be purchased in America comes with some form of warranty which guarantees quality, even if it is not stated on the product. Warranties allow for consumers to purchase products with confidence that it will function as it is meant to and hold companies to the standards of quality they advertise. There are two types of warranties: expressed and implied.
Expressed warranties are those that the manufacturer clearly states. These typed warranties may be printed on the product, explained in a pamphlet included within the packaging, or expressed by the sales professionals from whom you buy the product. Either way, an expressed warranty is a guarantee that a product will perform at an expected level of quality. Part of this guarantee is a promise that the manufacturer will fix or replace the product if it fails to meet this expectation. Expressed warranties are a contract between the manufacturer and the consumer, and can be enforced through the law if need be.
It is worth noting that warranties which were merely verbally expressed by sales professionals can be much harder to prove and enforce. When there is no written agreement, it can be very hard to pin down what exactly the agreement was, and this gives both the manufacture and the consumer room to abuse the terms. If possible, try to get such warranties in writing before purchasing the product.
An implied warranty is based on the expectation that a product will perform as marketed, and will not pose a danger to the consumer. If the product fails to function as it is meant to, or proves to be dangerous, then the manufacturer would be in breach of the implied warranty. However, having a product repaired or replaced under its’ implied warranty can prove much more difficult. Implied warranties may require the help of a skilled product liability attorney, who can negotiate on the behalf of the consumer and ensure that the manufacturer repairs the product properly as required by law.
If a defective product causes injury, contact an experienced attorney who will be able to analyze the implied or express warranty for that product. A top personal injury attorney Atlanta GA has to offer is often more able to determine the difference between the two types of warranties and possible breach of warranty causing product liability. If the attorney finds that there is a breach of warranty, then that warranty may be used in a product liability lawsuit. Regardless of whether a manufacturer was aware that they created a dangerous product, if they failed to warn the public properly and distributed a product with manufacturing errors, they can be held liable for any injuries or deaths that result from it.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their contribution on product liability law.