Products Liability: Breach of Warranty Claims
Under Florida law, a Florida plaintiff may bring a product liability claim based on negligence, strict products liability, nuisance, breach of warranty, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. Generally, there are three different types of warranties that may allow for recovery in personal injury cases arising from a defective product: express warranty, implied warranty of fitness for a particular purpose, and implied warranty of merchantability. In all three instances, it is based on a breach of warranty, certain elements must be established regardless of whether the warranty is express or implied. In this blog post, we will discuss the three types of warranties that may allow recovery in personal injury cases arising from a defective product.
Express Warranty
An express warranty is created when a seller uses specific words or acts in a certain way that ultimately becomes the basis for a sales agreement. There are no precise words that create an express warranty. For example, a statement by a seller regarding a certain product as being the best in a category could not be considered an express warranty on which the buyer could later assert a product liability action. Essentially, an express warranty can be found in cases where the sale or underlying agreement would not have occurred without the presentation of the warranty to the purchaser. Essentially, the buyer fully relied on what they thought was an accurate representation by the seller.
Implied Warranty of Fitness for a Particular Purpose
The requirements for an implied warranty closely resemble those elements that must be established in a products liability action based on negligence and strict liability. The following elements must be satisfied for an implied warranty of fitness for a particular purpose: the injured party must have been an anticipated user of the product; at the time of the injury, the product was being used in its intended manner; the product was defective at the time it was sold by the seller to the buyer; and the defective product was the cause of the injury. Typically, an implied warranty of fitness for a particular purpose is created when a seller has reason to know of the particular purpose for which a buyer is purchasing a certain product. An implied warranty of fitness also requires the buyer to rely on a seller’s skill or judgment in selecting goods to meet the buyer’s expectations. Basically, the seller must understand the intent of the buyer and furnish that buyer with a product that satisfies his or her expectations. Keep in mind, however, that a seller has an obligation only to provide the buyer a product that is reasonably fit for the buyer’s objective.
Implied Warranty of Merchantability
Unlike an implied warranty of fitness for a particular purpose, an implied warranty of merchantability states that all products should be merchantable at the time of a sale agreement between a seller and a buyer. The application of this type of implied warranty does not depend on whether the seller knows of the buyer’s specific purpose or need for a certain good. Instead, the seller needs only to be assured that a particular good is safe to use for its general manufactured purpose. With respect to a warranty of merchantability, however, the warranty applies only to those products considered to be goods. Florida law defines goods as all things that are movable at the time of identification to a contract for sale. Basically, this definition is very broad and can include almost anything. Liability for a breach of an implied warranty of merchantability will be enforced only if a product is not reasonably safe for its intended uses. If a product has a defect that does not render it unfit for its ordinary use, the court will most likely not award compensation for a breach of an implied warranty of merchantability.
Speak with a Accident Attorney Miami Today!
If you or someone you love has been injured by a defective product, talk to a products liability attorney about your options going forward. There is no substitute for quality legal advice in these types of situations. When you have an experienced legal professional advocating on your behalf, you increase your chances of obtaining maximum compensation for your personal injury claim. Come in for an initial consultation and have our team review your case. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
