Breach of warranty claims provide another avenue for compensation when products fail to meet their promised standards. These claims arise from contract law rather than tort law, and they protect consumers who relied on product representations when making purchases.
Types of Product Warranties
Express warranties are specific promises manufacturers make about their products. These include written warranty documents, advertising claims about product performance, sales representations by dealers or salespeople, and product labels and packaging claims.
If a manufacturer promises a product will perform in a certain way or last for a specific period, that promise creates an express warranty you can enforce.
Implied warranties exist automatically under law, even without explicit promises:
The implied warranty of merchantability guarantees that products are fit for their ordinary purpose. A ladder should support a person's weight. A coffee maker should brew coffee without exploding. Products that fail at their basic function breach this warranty.
The implied warranty of fitness for a particular purpose applies when sellers know buyers need products for specific uses and buyers rely on seller expertise. If you tell a hardware store you need paint for outdoor use and they recommend a paint that can't withstand weather, that's a breach.
Proving Breach of Warranty
Breach of warranty claims require proving a warranty existed (express or implied), the product failed to conform to that warranty, you relied on the warranty when purchasing, and the breach caused your damages.
Keep all warranty documents, receipts, advertising materials, and records of any representations made during the sale. These establish what was promised and what you relied upon.
Advantages of Warranty Claims
Warranty claims offer some advantages over tort claims:
No need to prove defect in some cases. If the product simply failed to perform as warranted, that may be enough—even if you can't identify a specific defect.
Economic losses are recoverable. Tort claims may be limited to physical injury; warranty claims can recover purely economic losses like repair costs and lost value.
Different statute of limitations. Warranty claims fall under commercial law statutes of limitations, which may differ from personal injury deadlines.
Privity Requirements
Historically, warranty claims required privity—a direct contractual relationship between plaintiff and defendant. This meant you could only sue the retailer who sold you the product, not the manufacturer.
Most states have relaxed privity requirements, at least for personal injury claims. However, some states still require privity for economic loss claims. Your attorney can advise on privity rules in your jurisdiction.
Disclaimer and Limitation Issues
Manufacturers often try to limit warranty liability through disclaimer language and limitation clauses. "As is" sales and warranty disclaimers may eliminate implied warranties if properly communicated.
However, disclaimers have limits. They cannot disclaim liability for personal injury caused by consumer products. Unconscionable disclaimers may be unenforceable. Express warranties generally cannot be disclaimed if also given.
Magnuson-Moss Warranty Act
The federal Magnuson-Moss Warranty Act provides additional protections for consumer products. It requires clear disclosure of warranty terms, limits manufacturers' ability to disclaim implied warranties when express warranties are given, and allows consumers to sue in federal court for warranty violations.
Magnuson-Moss claims can recover attorney fees, making it economically feasible to pursue smaller warranty claims that might otherwise not justify litigation costs.
Notice Requirements
Warranty claims typically require notifying the seller of the breach within a reasonable time after discovery. Failure to provide timely notice can bar your claim. Document all communications about product failures and keep records of when you notified the seller or manufacturer.
Combining Warranty and Tort Claims
Product injury cases often combine warranty claims with tort claims for strict liability and negligence. Pursuing all applicable theories maximizes potential recovery and provides alternative paths if one claim fails.
If a defective product injured you or failed to perform as promised, consult an attorney to evaluate all potential claims—including breach of warranty—that may provide compensation.