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Sep 21, 2018 |

Breach of Express Warranty Claims and Product Defects

Sep 21, 2018 - Personal Injury

If you have been seriously injured due to a product failing to perform in the manner advertised by the seller, then you may be entitled to damages under Pennsylvania law.

Product defect injury lawsuits are typically associated with strict liability issues that arise out of certain implied protections granted to products — for example, claims arising from injuries sustained due to a product failing to meet its implied warranty of merchantability (i.e., the product must reasonably conform to ordinary expectations).  Importantly, however, those who are injured by a product may also bring a lawsuit on the basis of a breach of an express warranty.

So, how do express warranties work in the product liability context?  Let’s explore the basics for a clearer understanding.

Breach of Express Warranty Basics

In Pennsylvania, express warranties are formed in two instances:

  • When a promise or affirmation of fact is made by the seller relating to the goods, and that promise becomes part of the basis of the bargain; or
  • When a description of the goods becomes part of the basis of the bargain.

When the express warranty has been formed, the product at-issue must conform to the warranty — either the promise, affirmation of fact, or description — or else the court will determine that there has been a breach.  If this breach caused you to suffer injuries, then you will have an actionable claim for damages under Pennsylvania law.

Breach of warranty claims can be somewhat confusing for plaintiffs who do not have prior experience with personal injury litigation, so let’s use a brief example to demonstrate how such principles work in real-world terms.

Consider the following.

Suppose that you are injured in an accident involving an advanced, AI-driven crockpot cooking product.  The crockpot is advertised as having the ability to automatically shut off on its own after evaluating the “doneness” of the ingredients within.  Part of the value proposition of the product is that you can leave the crockpot on for hours and leave the house or otherwise go about your normal business without worrying about monitoring the food.

Now, imagine that the crockpot does not work properly, and it actually fails to shut off, causing a fire.  You are injured in the fire, suffering serious burn injuries.  You could ostensibly bring an action against the defendant product manufacturer for breaching their express warranty — the manufacturer expressly warrantied that the product could perform the advanced function at-issue, but it failed to do so, leading to your injuries.

Contact a Seasoned Easton Personal Injury Lawyer for a Free and Confidential Consultation

Here at Drake, Hileman & Davis, PC, our attorneys have over three decades of experience advocating on behalf of those who have suffered injuries in accidents that result from circumstances attributable to the fault of another, including product liability scenarios.

We are dedicated to the provision of aggressive — in fact, tenacious — legal representation from the very start of the litigation process.  Opposing counsel understands that we are willing and capable of pursuing a case all the way through to trial, and so this gives us leverage during early negotiations, helping us to secure a favorable resolution through settlement.  In the event that negotiations break down, however, we have achieved consistent success in obtaining favorable verdicts at trial.

Call (888) 777-7098 or submit an online case evaluation form to arrange a free and confidential consultation with an experienced Easton personal injury lawyer at Drake, Hileman & Davis, PC today.

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