Breach of Warranty Claims
Florida Product Liability Lawyers for Claims Involving Breach of Warranty
Any time you buy a product, that product comes with certain warranties. While companies will often provide written (or “express”) warranties for their products, Florida law establishes certain “implied” warranties for retail product sales as well. While products should adhere to the terms of these warranties, this is not always the case. In fact, companies frequently sell products that fail to uphold the terms of their express and implied warranties. If a product has injured you or a member of your family, you may have a claim for breach of warranty, and you should discuss your legal rights with an experienced product liability attorney promptly.
When Can You File a Breach of Warranty Claim for a Product-Related Injury?
To determine whether you have a product liability claim for a breach of warranty, it is first necessary to determine what warranties apply. There are three main types of product warranties:
- Express Warranties – These are written warranties included with the product’s packaging. While manufacturers often include express warranties with their products, they will often try to limit the remedies that are available in breach of warranty cases. These limits may or may not be enforceable depending on the specific circumstances involved.
- Implied Warranty of Merchantability – The implied warranty of merchantability guarantees that a product is of average quality (at a minimum) and that the product is reasonably safe for the purposes for which it is typically used. This warranty exists under Section 672.314 of the Florida Statutes.
- Implied Warranty of Fitness – The implied warranty of fitness guarantees that a product is reasonably safe to use for a particular purpose. This warranty applies to products that have specific uses, such as hand tools and appliances, and it is provided under Section 672.315 of the Florida Statutes.
If one of these warranties applies, then the next question is whether a breach of warranty caused your (or your family member’s) injury. If it did, then you can seek just compensation under Florida law.
When a breach of warranty results in physical injury, recoverable damages include all financial and non-financial losses incurred (and that will be incurred in the future). This means that individuals and families can seek just compensation for losses, including:
- Medical expenses
- Other out-of-pocket costs
- Lost earnings
- Pain and suffering
- All other forms of financial and non-financial loss
How Will Your Florida Product Liability Attorney Prove a Breach of Warranty?
Proving a breach of warranty requires evidence of exactly how your (or your family member’s) accident occurred. As a result, it is important to keep the product or any remnants, and it is important that you relay the details of the accident to an attorney as soon as possible. At Searcy Denney, we do not charge any fees or costs unless we win. You can contact us 24/7 to speak with a product liability lawyer, and we are happy to provide a claim assessment free of charge.
Schedule a Free Consultation at Searcy Denney to Speak with Our Breach of Warranty Attorneys
Do you have questions about filing a product warranty claim? If so, we encourage you to contact us promptly. To speak with an experienced Florida product liability attorney in confidence, call 800-780-8607 or tell us how we can contact you online now.