Jacobson & Associates
Representing personal injury
clients in all types of accidents
Our firm has represented over 8,000 personal injury clients in
all types of accidents and scenarios as well as over 3,500
worker's compensation clients for their work-related accidents

Personal Injury Newsletter

Defective Products and Breach of Warranty

Although the public tends to trust the integrity of a product and the company that produces it, not all products are made safely and injury can result from products that are improperly designed, manufactured or distributed.

In order to recover damages for injuries sustained as a result of faulty consumer products, the victim must prove that the product was defective or unreasonably dangerous. One method by which a product’s defectiveness or unreasonable danger can be proven is where there has been a breach of warranty.

A breach of warranty occurs where a product purchased by a consumer is not what the manufacturer, retailer or other individual responsible for product distribution promised. The laws governing breach of warranty are covered under the Uniform Commercial Code (UCC). Two types of warranties are covered under the UCC: express warranties and implied warranties.

Express Warranties

An express warranty is one where a seller “expressly represents” that the product offered has specific qualities. For example, an inflatable raft company promotes its raft as being absolutely puncture-proof. While white water rafting, the raft catches on a rock and is torn, causing injury to the rafters. The rafters could sue for express breach of warranty because the raft was not puncture-proof as promised.

Implied Warranty

An implied warranty exists when the products are assumed to be of good quality simply because they are being offered for sale. Two important implied warranties under the UCC are the warranty of merchantability and fitness for a particular purpose warranty.

A warranty of merchantability is breached where:

  1. The product is not merchantable – meaning that the product cannot withstand the use for which it is intended. For example, roller skates with mismanufactured wheels that fall off during use are not merchantable because they cannot withstand the normal use of roller skates.
  2. The seller is a merchant – meaning that the seller of the product must be in the business of selling that product. For example, a person who sells their used roller skates at a garage sale does not provide any warranty of merchantability because she is not deemed to be in the business of selling roller skates.

A warranty of fitness for a particular purpose is breached where the seller is aware that a customer is interested in a product for a particular, but not customary, purpose and the buyer relies, to his detriment, on the seller’s recommendation.

For example, assume a person wants to buy a pair of roller skates to roller skate across the United States. The customary use of roller skates is for recreation, not for such long-range travel. Upon learning of the buyer’s intended use for the roller skates, the seller recommends a certain brand of skates. If the skates give out halfway across the United States and the person is injured, she may be able to sue the seller for breach of warranty for fitness of a particular purpose.

  • Responsibility for Injuries Resulting From Slips and Falls
    There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The... Read more.
  • FDA Recalls: An Overview
    When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the... Read more.
  • Recalling Hazardous Toys to Protect Children
    The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable risk of injury or death to the public. As young children are particularly susceptible to... Read more.
  • Liability for Employee Cellular Phone Use
    In one decade, cellular telephone use has gone from being a novelty for the fortunate few, to being commonplace in our society. Most Americans have a “cell phone” and many use them while driving. In light of the associated... Read more.
Personal Injury News Links
Share This Page:
Designed and Powered by NextClient

© 2015 - 2020 Jacobson & Associates. All rights reserved.
Theme Web Express website design by NextClient.com.