Los Angeles Breach of Warranty Attorney
A knowledgeable Los Angeles small business litigation lawyer knows that a consumer may have a claim for a breach of warranty if that consumer was harmed by an unsafe product. This cause of action may be filed against the business that designed the product, manufactured the product, sold the product, or furnished the product.
The typical claim against a small business owner is as a seller of a product.
How Does a Seller Breach a Warranty?
If a seller fails to fulfill a promise, claim, or representation given concerning the quality of the product or the type of product, the seller may be liable under a breach of warranty action.
Are There Different Types of Warranties?
There are three types of warranties:
Express warranty: This entails either spoken words in the negotiation process or the actual written contract. Express warranties are also those based on a sample of the product as displayed in a public advertisement.
Implied warranty: Implied warranties are created and imposed by law and accompany the product unless expressly excluded or limited by the written words of the contract.
Merchantability: This involves the concept that a product must meet minimum standards, primary of which is that the product is fit for the ordinary purpose for which it was intended.
As multiple parties may share liability for breach of warranty, litigation may be complex. This is further complicated if a plaintiff were personally injured by a defective product. If so, a strict liability standard may apply to all potential defendants.
If your business involves any link in the chain of product liability that may expose you to a breach of warranty claim, protect yourself with the knowledge afforded by an association with an experienced Los Angeles small business litigation lawyer. Call Los Angeles small business litigation lawyer Gregg Farley today for a free initial consultation.