Product Defect Lawyers Frederick, MD

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What is an Implied Warranty?

What is an Implied WarrantyA breach of an implied warranty is something that product defect lawyers Frederick, MD defective product injury victims recommend, may be able to help you seek compensation for if you were injured as a result of this breach.

The federal Magnuson-Moss Warranty Act protects consumers regarding written warranties however, state laws also protect “implied warranties”. These implied warranties are unwritten warranties that are related to “fair value for money spent.”

  • This means that users of products do have rights when it comes to products actually doing what they say they are going to do.

Implied Warranty of Merchantability

Almost every consumer product has implied warranty of merchantability. This means that the product is guaranteed to work for what it says its going to do (or actually follow through with its purpose). For example, if you buy a toaster and it does not turn on, you have the right to return it or exchange it for a new product. This can also apply to used items meaning you can’t knowingly sell someone a toaster that doesn’t work without them knowing this.

Items are considered “merchantable” ones that you should not need the help of product defect lawyers frome Frederick (or the place in MD your injury occurred)  if they:

  • Conform to the standards of the trade as applicable to the contract for sale
  • Are fit for the purposes such goods are ordinarily used, even if the buyer ordered them for other uses
  • Are uniform as to quality and quantity, within limits of the contract for sale
  • Packed and labeled per the contract for sale
  • Meet the specifications on the package labels, even if not specified by the contract for sale

Implied Warranty of Fitness

Sometimes when you purchase an item is comes with an implied warranty of fitness meaning that the product is guaranteed for a specific purpose. This means if you ask a salesperson for a toaster that can heat up chicken but when you get it it doesn’t even heat up a piece of toast let alone chicken, you have the right to return the item under its implied warranty of fitness.

This warranty differs from Implied Warranty of Merchantability because even if the product works perfectly fine, you can still return it if it doesn’t meet the standards you wanted it to meet or doesn’t do what you wanted to do.

If you or someone you love was injured from using a product that did not come with appropriate safety precautions or if you believe the warranty for the product was breached, it may be in your best interest to discuss your situation with product defect lawyers who are licensed to practice in Frederick and throughout MD.

Items Sold ‘As Is’

Sometimes retailers can mark items as “sold as is” or “with all faults” which can disclaim the implied warranty. This however is not allowed in the states of:

  • Alabama
  • Connecticut
  • Kansas
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Mississippi
  • New Hampshire
  • Vermont
  • Washington
  • West Virginia
  • District of Columbia

If you were injured by a defective product in MD, personal injury lawyers in Frederick may be able to help you to seek compensation for expenses related to your injuries.

Express Warranties

Expressed warranties differ from implied warranties. Expressed warranties can be in several different forms such as spoken or written. These warranties are a guarantee that the product will meet a certain level of reliability and quality. If the product fails to do this, the manufacturer must replace or fix it for free. These warranties are often printed on its packaging or put on a website or social media page.

Verbal warrants may also fall under this category. For example a car dealer can guarantee to a customer that the car will last a certain amount of miles and if it does not the buyer can take it up with the seller. This however can be difficult to prove since it is verbal and not an actual form of documentation or proof.

If you believe your product purchasing rights have been violated and you have been harmed by a defective product, call the product defect lawyers Frederick, MD injured victims and their families can turn into in difficult times at Cohen & Cohen today, to fight for your rights and to try to get you the compensation you deserve.

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My experience with Cohen &Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back.
Ebony Stoutmiles
June 23, 2022.
To say that I am happy with the outcome of my case is the understatement of the century! Jill Stanley is a BEAST at what she does. That is the only way to explain it. She takes no prisoners. She and her team are very skilled and knowledgeable. I am so happy I trusted them to do their job and rolled with Jill's suggestions. I would choose Jill again 100 times. She settled my case for more than I imagined I would receive. I was literally in tears. It is the best feeling to know my pain isn't for naught. Siri Palm and Kristopher Yorke were nothing short of amazing. They have the patience of saints. I'm 100% certain that I got on their last nerves with my frustration and tears at every other call I had with them. Being in pain and wanting to just be able to heal was all I could focus on, but they helped me realize that I also had to focus on the bigger picture (the case) so I could put this piece behind me. As a high-strung individual with anxiety, it was hard for me to not worry and let them do their jobs, but they reassured me all of the time that they had this. To be injured before the start of the pandemic and have to receive regular, weekly treatment while others are able to stay home is anxiety inducing. I was in pain, I was anxious, and I was just hoping it all worked out. It more than worked out. I hope Jill, Siri, and Kris know how much their hard work and "hanging in there" meant to me. I am eternally grateful. I can't recommend you all enough. If you choose this law firm, you won't be sorry!
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COHEN & COHEN ARE THE BEST I WAS INVOLVED IN A REAR END CAR CRASH AND 2 YEARS LATER I HAVE RECEIVED MY SETTLEMENT I AM VERY EXCITED TO SAY BRYAN!!! IS THE MAN HE INSURED THEY WILL TAKE CARE OF ME AND THEY DID 100% ANY QUESTIONS I ASKED THEY WERE ANSWERED. Jill and SIRI WAS ALSO REMARKABLE AND SHOWED THEY REALLY CARED I RECOMMEND COHEN &COHEN TO ANYONE THEY ALSO MADE SURE I GOT MORE THAN EXPECTED WHICH WAS AMAZING I APPRECIATE YOU GUYS THANK U💯
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