What is breach of warranty in product liability?

A breach of warranty occurs when a product fails to meet the terms promised by the manufacturer or seller, and that failure causes harm.

There are two main types of warranties:

• Express Warranty: A clear promise—written or spoken—about a product’s performance or quality.

• Implied Warranty:

  • Implied Warranty of Merchantability: Product is fit for its ordinary purpose.

  • Implied Warranty of Fitness for a Particular Purpose: Product works for a specific use the buyer relies on the seller to provide.

Why It Matters in Product Liability

When a product doesn’t meet warranty standards and causes injury or damage:

• The injured party can file a claim based on warranty breach.

• This is separate from claims for design defects or manufacturing defects.

• The injured party need not prove negligence—just that the warranty was broken and harm occurred.

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Definition:
Breach of warranty = product fails to meet expressed or implied promises → injury or damage.

Types of warranties:

• Express Warranty: Explicit promise.

• Implied Warranty: Merchantability or fitness for specific use.

Claim base:

• Harm caused.

• No need to prove negligence—only that the warranty promise was not met.

Separates from:

• Defective design.

• Manufacturing faults.

Frequently Asked Questions (FAQ)

Q: What happens when a breach of warranty occurs?
A: You can pursue a claim to recover damages without needing to prove fault or negligence.

Q: Can a seller disclaim implied warranties?
A: Yes — but effectiveness depends on jurisdiction and whether the disclaimer is communicated clearly.

Q: How does this differ from product defect claims?
A: Breach of warranty focuses on unfulfilled promises; defect claims focus on specific flaws or failures in design or manufacturing.

Q: Is proof of injury required?
A: Yes. You must show that the breach resulted in harm or damages—physical injury, financial loss, or property damage.

• Breach of Warranty = promise not met → injury or loss.

• Express vs. Implied Warranty = explicit vs. assumed promises.

• No negligence needed → just a broken promise that caused harm.

• Different from defects → based on warranty, not flaw type.

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