When a product is purchased, the seller gives certain assurances to the buyer about the quality and nature of the product. These assurances are known as warranties.
An implied warranty is a type of warranty that isn’t expressly stated by the seller but is rightfully assumed by the buyer. For example, when a customer purchases a car from a dealership, there is an implied warranty that the car will be fit for the purpose it was designed for (i.e., driving).
Unlike express warranties, which are verbal or written assurances made directly by the seller about the product, implied warranties are based on assumptions. In other words, they are unspoken agreements that the product will meet a certain level of quality.
If you were injured by a product and you believe there may have been a breach of warranty or another defect with the product, contact Lytal, Reiter, Smith, Ivey & Fronrath today.
To schedule your free consultation, call (561) 655-1990 or complete the online contact form, and a member of our staff will reach out to you to schedule your consultation.
Types of implied warranties
There are three main types of implied warranties: the warranty of merchantability, the warranty of fitness, and the warranty of title.
Warranty of merchantability
The warranty of merchantability is that the product or goods are reasonably fit for its ordinary and intended purpose for which it’s sold. It ensures that the product conforms to the expectations of a reasonable buyer. It’s the baseline form of warranty and is implied in nearly every sale of a consumer product.
An example of this is purchasing a new TV. A reasonable buyer would expect that the TV would turn on and produce a clear picture. If the TV didn’t work at all, or if the picture was fuzzy, it could be argued that the TV didn’t meet the basic standards of a reasonable buyer.
Warranty of fitness
The warranty of fitness is similar to the warranty of merchantability but is specific to the buyer’s needs. Even if the product functions as it should, the buyer can still argue that the product is not fit for their desired purpose. The implication of suitability would need to be made by the seller during the product’s sale.
For instance, if a salesperson at a sporting goods store recommends a product to a customer who’s looking for running shoes, that recommendation creates an implied warranty of fitness for running. If the customer purchases the shoes only to learn that they weren’t meant for running, the customer would have a strong claim against the store. Even if the salesperson didn’t explicitly state that the shoes were meant for running, the customer could still argue that the purchase was made under false pretenses.
Warranty of title
The warranty of title is an implied warranty that the seller has the legal right to transfer ownership of the product. In other words, the product doesn’t belong to anyone else and no one has any legal claims against it. This implication is made every time a product is sold.
If, for example, someone tries to sell a car that they don’t own (or that has a lien against it), the buyer could claim that the seller violated the warranty of title.
What is a breach of implied warranty?
When a product doesn’t meet the standards set by an implied warranty, it’s said to be in “breach” of that warranty. The buyer has the right to seek damages from the seller for any losses that they incurred as a result of the breach.
Compensation in the form of monetary damages is likely to be awarded to the buyer if they sustained physical injuries as a result of the breach.
For example, if a customer is injured by a defective product, they may be able to sue the seller for their medical expenses and lost wages incurred while out of work. Non-economic damages, such as pain and suffering, may also be awarded in some cases.
We can help with your breach of warranty claim
A breach of implied warranty can be difficult to prove because it’s based on the assumption of a certain level of quality of a product or item. However, a Florida product liability attorney can help you build a strong argument and gather the evidence you need to prove your case.
At Lytal, Reiter, Smith, Ivey & Fronrath, our trial attorneys have been representing injured clients in Florida for over 35 years. We have a proven track record of success and are dedicated to holding negligent manufacturers and sellers accountable.
If you or a loved one has been injured by a defective product, we can help you obtain the compensation and closure necessary to move forward. Contact us today at (561) 655-1990 for a free consultation.
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Lytal, Reiter, Smith, Ivey & Fronrath
515 N Flagler Dr, 10th floor
West Palm Beach, FL 33401
1850 SW Fountainview Blvd STE 207
Port St. Lucie, FL 34986
150 E Palmetto Park Road Suite 840
Boca Raton, FL 33432