Defective Product – Breach of Warranty Claims
If you have purchased a product only to find that it did not do what it was supposed to do, you may be frustrated and searching for help. Sometimes, this upsetting situation is easily resolved by a successful return or replacement. Other times, you may be able to find help through direct communications with the seller or manufacturer. However, if you have been unable to rectify the situation, have been ignored or mistreated by the seller or manufacturer, or have been denied a replacement, you should contact the experienced breach of warranty attorneys at MartinWren, P.C.
Nearly every new product purchase is covered by a warranty, express or implied, that the product will perform as it was advertised or reasonably expected to do so. A consumer warranty or product warranty is simply a guarantee by the seller of a product assuring a certain level of quality and reliability. When the product does not meet these standards, the product warranty is breached, and the consumer should hold the seller accountable. The solution to this type of warranty breach is usually getting the consumer a successful product repair or a properly working replacement at no cost to the consumer.
Express warranties are those communications, either verbal or written, that guarantee a certain expectation of quality or functionality for a set period of time. Most express warranties come directly from the manufacturer or are included in the sales contract with the seller. For example, you may purchase a flat screen television with an accompanying express warranty from the manufacturer that the TV will continue to work properly for three years. If, after one year, however, the TV stops working, you can seek a repair or replacement as specified by the warranty.
Even if the product did not include an expressed warranty, it almost certainly included an implied warranty. Virtually all consumer purchases include an implied warranty of merchantability. This means that the product is guaranteed to work if you use it for a reasonably expected purpose. For items that are not brand new, the implied warranty of merchantability promises that the product will work as expected, given its age and condition.
There is also an implied warranty of fitness which guarantees that the product that was bought with a specific purpose in mind and relayed to the seller will meet that need. For example, if you are shopping for a wet suit that will keep you warm and dry in specific water temperatures, and the retailer sells you a suit for that purpose, it comes with an implied warranty that it meets the conditions you relayed to the seller.
Product defects come in many forms. Whether you purchased a computer, laptop, television, camera, car stereo, or other electronic device that is failing to perform as intended, a defective product can result in much frustration. Product defects may also occur in larger items such as cars, appliances, building materials, and automotive products. The defects can range from minor glitches that are expensive to repair or other defects that result in a complete failure to function.
If you need professional and aggressive legal representation to help you resolve an issue regarding a defective product, please contact John B. Simpson or Robert E. Byrne, Jr., at MartinWren, P.C. by calling (434) 817-3100. We welcome the opportunity to listen to your difficulties, examine any implied or express warranties that may have been breached, and assist you in finding complete resolution to this frustrating matter.
Beyond mere frustration, some defective products can actually cause physical harm to the consumer. If you have been injured by a product, please contact the products liability attorneys at MartinWren, P.C. to discuss this serious situation.