Knowledgeable Orange County business attorneys understand that a consumer may have a cause of action for breach of warranty if that consumer was harmed by an unsafe product. The initial issue is who that action can be brought against.
Typically, there are four entities:
- The business that designed the product
- The business that manufactured the product
- The business that sold the product
- The business that furnished the product.
Are there different types of warranties?
Your lawyer can explain that there are three types of warranties:
- Express warranty: Included are spoken words, contractual language and the sample of the product as displayed in public advertisements.
- Implied warranty: These are warranties created and imposed by law. Unless expressly excluded or limited by the actual terms of the written contract, they “accompany” the product.
- Merchantability: This warranty involves the concept that a minimum standard must be met for a product; in particular that it is fit for the ordinary purpose for which it was intended.
What issues should I consider if I have a potential breach of warranty claim?
Initially, as there may be multiple parties involved, litigation can be complex. Further, if you as the consumer/plaintiff were physically injured as a result of the breach of warranty, there may be a different standard of liability for all potential defendants (i.e. strict liability.)
If you have suffered a loss due to a breach of warranty, it is important to understand your rights. Protect yourself by contacting the experienced Orange County business attorneys at the Daily Aljian law firm. They understand that many entities can be in the link of the chain for potential liability. Schedule a free initial consultation by calling (949) 861-2524 or click here.