When you buy a product, you expect it to work as promised and to be reasonably safe to use. When it doesn’t (and especially when it causes injury) you may have legal rights under warranty law. Two of the most common protections are express warranties and implied warranties. Understanding the difference can help you determine whether you have a viable product liability claim.
What is an Express Warranty?
An express warranty is a promise or statement of fact made by the seller or manufacturer about a product’s quality, performance, or characteristics. It can be written or verbal, and it becomes part of the bargain between buyer and seller. General statements of opinion or sales “puffery”, such as claims that a product is “the best” or “top-quality”, typically do not create an express warranty.
Common examples include:
- A written warranty included with the product
- Statements on packaging or advertisements
- A salesperson’s specific promise about how a product will perform
If the product fails to meet these stated promises, the manufacturer or seller may be liable for breach of express warranty, even if they acted in good faith or believed the product was compliant.
What is an Implied Warranty?
Implied warranties arise automatically under the law in many consumer transactions, even when nothing is written or said. The two most common implied warranties are the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. The implied warranty of merchantability ensures a product works for its ordinary use, while the implied warranty of fitness for a particular purpose applies when a buyer relies on the seller’s expertise to select a product for a specific, non-ordinary use.
Implied Warranty of Merchantability guarantees that a product:
- Is fit for its ordinary, intended use
- Meets basic quality and safety standards for ordinary use
- Is properly labeled and packaged
Examples of where this implied warranty is breached include the following: (a) A newly purchased refrigerator fails to keep the food cold; (b) A dryer does not completely dry clothes; and (c) A new car leaks oil immediately after leaving the dealership.
When Does Implied Warranty of Fitness for a Particular Purpose Apply?
- The buyer relies on the seller’s expertise to select a suitable product
- The seller knows the buyer’s specific purpose
- The product fails to perform that purpose
Examples of where this implied warranty is breached include the following: (a) A restaurant owners asks for a commercial stove that can stay on for 12 hours a day, and the seller provides one that overheats after 8 hours or normal usage; (b) A homeowner asks the paint store employee for paint that can withstand extreme weather conditions, but the paint store sells him paint intended for interior walls, and (c) A customer asks for tires that can be driven through snow, and the tire store sells the customer regular street tires which are not safe for driving in snow.
What to Bring If You Suspect a Warranty Claim
If possible, keep:
- The product itself
- Packaging, instructions, or warranty materials
- Photos of the product, damage, or injury
- Proof of purchase
These items can help establish what warranties may apply and whether such warranty was breached.
Many consumer products are covered by some form of warranty, even when no warranty is advertised. Express warranties protect the promises sellers make, while implied warranties ensure products meet basic safety and functionality standards. If a product failed and caused harm, a warranty breach may entitle you to compensation. Contact our office today to speak with an attorney for an initial consultation to examine your situation.
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