What is an implied warranty in a product liability case?

The implied merchantability warranty guarantees a product’s minimal quality and is reasonably safe for the purposes for which it is typically intended.

Upon buying a product, it comes with specific warranties. While manufacturing companies often provide written guarantees for their products (express warranties), Florida law establishes certain "implied" warranties, including for retail product sales.

An implied warranty refers to an assurance automatically provided by law, even if the seller or manufacturer does not explicitly state it. Although products should comply with the terms of warranties, this isn't always the case.

Moreover, companies often sell products that aren't up to the terms of their express and implied warranties.

Discussing your legal rights with an experienced product liability lawyer increases compensation chances

Those injured by a product may have a claim for breach of warranty and can receive compensation. Generally, warranties apply to new and used products and cannot be disclaimed or waived by the seller in many jurisdictions. Implied warranties in Florida are governed by Article 2 in the Uniform Commercial Code (UCC), which regulates the sale of goods. To determine whether you have a solid case, it is first necessary to decide which warranties apply out of the three main types of product warranties:

  • Express warranties are written warranties included with the product's packaging.
  • Implied warranty guarantees that a product has the minimum quality and is safe to use for intended purposes.
  • Implied warranty of compliance applies to products that have specific uses, such as hand tools and appliances.

If one of these warranties applies, then the next must be clarified if a breach of warranty caused your or your family member's injury. Florida law guarantees you the right to seek compensation if that's the case. If a breach of warranty results in physical injury, recoverable damages include all financial and non-financial losses incurred or could emerge in the future:

  • Medical expenses
  • Other out-of-pocket costs
  • Lost income
  • Pain and suffering
  • Other forms of financial and non-financial loss
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