Belt Law Firm’s product liability attorneys have the experience and knowledge to handle any type of products liability claim. The firm has successfully tried and settled numerous claims for products liability and breach of warranty against some of the world's largest and most powerful manufacturers.

A warranty is a promise by the seller of a product that the product is as the seller has factually stated or legally implied. If the seller breaks that promise because the product is not what would be expected by a reasonable buyer, the warranty is breached. Ideally, the seller should honor the warranty by making a timely refund, repair or replacement. If the seller refuses to uphold the warranty, then a consumer can seek recovery by filing a breach of warranty or contract claim.

Three kinds of warranties come into play in consumer breach of warranty lawsuits:

1. Express warranty – a seller’s stated guarantee that specifies the extent to which the quality or performance of the product is assured. The warranty may also state the conditions under which the product can be returned, replaced or repaired.
2. Implied warranty of merchantability – mandates that a product meets minimum quality specifications such that it reasonably conforms to an ordinary buyer's expectations. This warranty can be expressly disclaimed by name or by identifying the sale with the phrase “as is.”
3. Implied warranty of fitness for a particular purpose – occurs when a buyer relies upon a seller to select a product to fit a specific request. This warranty can also be expressly disclaimed by name.

Warranty issues are nothing new. More than 30 years ago, a federal statute known as the Magnuson-Moss Warranty Act was enacted in response to the extensive misuse of warranties and disclaimers. The Act was intended to make warranties on consumer products easier to understand and enforce. Consumer products are not required to have warranties, but if one is given, it must comply with the Act.

The Act requires manufacturers and sellers of consumer products to provide detailed information about warranty coverage. In fact, any manufacturer or seller that warrants a consumer product to a consumer by means of a written warranty must disclose, fully and conspicuously, in simple and readily understandable language, the terms and conditions of the warranty to the extent required by rules of the Federal Trade Commission.

The Act provides consumers with reasonable and effective remedies where there is a breach of warranty. The Act outlines informal dispute-settlement procedures and gives the federal government the authority to take injunctive action. A consumer who has been injured by the noncompliance of a manufacturer or seller may bring an individual action in state or federal court, depending upon the amount in controversy and the number of class plaintiffs.

Our consumer product attorneys are ready to provide the one-on-one attention you need and deserve and are ready, willing, and able to consult with you about whether you have a potentially viable class action claim.

For your free consultation with a Consumer Product Attorney, fill out our contact form or call us at 888-933-1514 (toll free).