A product liability action may be based on warranty theory in Jersey City, NJ
Posted February 15th, 2021 by Anthony Carbone.
Categories: Product Liability.
Most product liability laws in the US are established at the state level and differ significantly from one state to another. Therefore, if an unsafe product has injured you or your loved one, you might have a course of action against the individual who sold, designed, or manufactured that product. Jersey City personal injury attorney Anthony Carbone can help you navigate your legal options to determine what is best for your specific case.
What is a Product Liability?
Product liability is among the fastest-growing law areas in the US. as the economy increasingly becomes more advanced and complex, understanding product liability law becomes a crucial part of the law. Product liability involves the seller being liable for what they sell. Product liability law gives the sellers the legal responsibility to ensure they are selling safe products to the consumers.
Under the conventional law provisions, the principle of ‘let the buyer beware’ means that the seller has very little responsibility for products once sold. If the buyer needs to guarantee the safety and quality of their product, buyer protection must be agreed upon in a contract between the seller and the buyer.
However, the current tort law understands that consumers are disadvantaged when it comes to evaluating the reliability and quality of the products they buy. On the other hand, sellers can easily inspect and understand the quality of products. Therefore, a product liability action may be based on a warranty theory, which is a liability based on breaching a product’s sales warrant.
What is a Warranty?
A warranty is an assurance that the seller guarantees that the products he or she sells are safe and reliable. When the seller presents a product for sale, the product is said to be under warranty. If the products turn out to be defective or not as advertised, the buyer can claim a warranty breach.
The seller can be held liable for the damages resulting from the defect regardless of whether they knew about the defect or not. For instance, an athlete goes to a sportswear store and asks the manager for running sneakers fit for all weather conditions. The manager shows him a costly pair of sporting boots and assures him that they are waterproof and fit for any weather. After a month or two, the athlete wears the sneakers on a rainy day, and his feet soak, causing a severe fungal infection. Because the sneakers were not as promised, the manufacturer will be liable for the boots’ cost and any other losses associated with their resulting physical harm.
Breach of warranty is rarely used in product liability claims. The law has various limitations that limit its applicability. First, breach of warranty is based on a contract between the seller and the buyer. Therefore, for breach of warranty, the buyer can only sue the seller and not the manufacturer or other parties who rendered the product defective. Another limitation with breach of warranty is that sellers usually limit their warranties, restricting the claims the buyer can make.
To learn more about product liability and the warranty theory, contact The Law Offices of Anthony Carbone today to get the legal assistance you need.
