Defective Products – Breach of warranty (either express written warranty or implied warranty)

In the state of Florida, there are laws governing a manufacturer’s obligations to comply with promises made in product warranties. For example, in Florida Statute 672.316, Florida’s Uniform Commercial Code outlines requirements for exclusion or modification of warranties.

Warranties can provide important consumer protections, but those protections matter only if the law holds manufacturers accountable for compliance with warranty terms. Rules for warranties differ depending upon the type of product being sold; whether the transaction is a business-to-business or consumer transaction; and other factors including whether the manufacturer sold a product “As Is,” or otherwise disclaimed warranty protection.

In general, however, products sold are subject not only to express warranties provided by manufacturers but also to implied warranties, such as the implied warranty that a purchased product will be fit for a particular purpose.

If a warranty is breached and a manufacturer fails to live up to obligations, financial damage can result to product owners. A civil case may be filed to try to recoup losses.

In many situations, multiple victims who purchased a product will all have been hurt by the same failure of a manufacturer to honor express or implied warranties. Class action litigation can make it possible for all of the victims who experienced small damages due to a defect to pursue a case and hold manufacturers accountable.

If many plaintiffs could not come together in a class action to take legal action for small losses, manufacturers would get away with releasing ineffective and unsafe products. This would occur because it would not be worth it for each wronged individual to go through a separate civil case for a small amount of potential compensation if they prevail.

Sometimes, a failure on the part of a product can result in more serious issues than just small financial loss. Someone could be hurt using a defective product. If this occurs, victims could pursue a case against a manufacturer on a number of different grounds, including breach of express or implied warranty.

A Florida defective products lawyer can provide assistance to those who wish to pursue a case against a manufacturer for failing to fulfill warranty obligations.