What is an Implied Warranty?
A 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.
