Products liability disputes often hinge on whether a product did what it was supposed to do, or what the manufacturer or its representative implied it would do. When a product is covered by a warranty – either an implied warranty or an express warranty – a consumer may be entitled to compensation when something goes wrong.
An implied warranty is something that arises from the sale or the circumstances around it, but that is not specifically spelled out in the terms of any written or verbal contract or agreement between the parties. Two types of implied warranties are the warranty of merchantability and the warranty of fitness for a particular purpose.
The implied warranty of merchantability protects consumers by providing a guarantee that the item purchased will reasonably do what it was designed to do. The company selling the product doesn’t need to know specifically why the consumer is buying it.
Another type of implied warranty, the warranty of fitness for a particular purpose, says that a product will do the specific thing the consumer bought it for. This type of warranty comes up when the company selling the product knows why the purchaser wants it.
An express warranty is a promise or guarantee that a seller makes about the product being purchased. Generally, express warranties say that if a product fails to meet a specified level of performance or quality, the manufacturer will repair or replace it. Express warranties are usually in writing, but they don’t necessarily have to be written to be enforceable .
Protect Your Rights
To learn more about implied and express warranties and to discover whether a product manufacturer may be liable for injuries or damage you suffered, contact the experienced products liability attorneys at Glassman, Wyatt, Tuttle & Cox, P.C. in Memphis or Nashville today at (901) 527-4673.