Breach of Warranty, Defense Attorney in Grand Rapids, MI

Breach of Warranty, Defense Overview

The attorneys at Howard Law Group in Grand Rapids, Michigan, have the experience and knowledge to handle any type of product liability or warranty claim. We have successfully resolved numerous product liability and breach of warranty claims for some of the largest and most powerful manufacturers.

A warranty is a promise made by a manufacturer or a seller of a product that guarantees some aspect of the product to protect consumers against damages or injuries caused by defects. Warranties can be express or implied. At the very least, consumers receive the basic protection of the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. Consumer warranties are protected under federal law by the Magnuson-Moss Warranty Act.

Breach of Warranty

Breach of warranty deals with a manufacturer or seller not fulfilling the promise or representation made to a consumer regarding the quality or type of a product. This breach can result in personal injury, illness, property damages or a wrongful death. A product may contain a defect that made it unsafe for its intended purpose. For instance, the design of the product may have caused the defect and thus the injury or illness.

Improper labeling or warnings can lead to unsafe usage by a consumer. An automobile gas tank may catch fire or explode, machinery and power tools used by workers fail and cause injuries, household products, equipment, machinery and power tools may be designed or manufactured with defects that pose dangers.

There are three kinds of warranties in consumer breach of warranty lawsuits:

• Express warranty: A seller’s stated guarantee or promise about the quality, description or performance of the productThe warranty may also state the conditions under which the product can be returned, replaced or repaired.
• Implied warranty of merchantability: Mandates that a product meets minimum quality specifications such that it reasonably conforms to an ordinary buyer’s expectations.
• 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.

Defenses to Breach of Warranty and Disclaimers

Defenses may include buyer’s negligence, assumption of risk, misuse of the product, non-compliance with the conditions of warranty coverage, expiration of express warranty period and statute of limitations (four years after the cause of action accrues).

Express warranties can be disclaimed in sales contracts, labels, brochures and documents included with the product. Implied warranties can also be disclaimed in most places, though there are federal restrictions. However, even an effective disclaimer will not remove liability for defective or dangerous products.

Do I Need a Lawyer?

The law of contracts and warranties can be very complex and differ dramatically from state to state. The attorneys at Howard Law Group are aggressive trial veterans, ready to assist you in defending breach of warranty or defect claims. Our lawyers do not waste countless legal hours on expensive and unnecessary discovery while overlooking crucial evidence. Our lawyers work with the client to develop an early trial strategy to expedite settlement and minimize costs. Our experienced business attorneys can also help in drafting a contract to exclude warranties. Contact us today at 616-827-7028.

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Areas of Practice

• Breach of Warranty, Defense
• Business & Commercial Law
• Contracts