Like many of those in Bozeman that we here at Cok Kinzler PLLP have worked with, you may believe that you are protected from any harm or damage that a product you own may cause through its warranty. Many products do indeed come with an express warranty, or promises written into a sales contract. However, not every aspect of a product’s performance may be covered under an express warranty. Does that mean you are not protected in circumstances not specifically addressed a warranty?
Aside from express warranties, the law also recognizes implied warranties. The Federal Trade Commission states that there are two types of implied warranties: implied warranties of merchantability and implied warranties of fitness for a particular purpose. An implied warranty of merchantability is the promise you have that a product you buy will do what it is intended to do. An example of this may a piece of furniture you buy that the seller promises is in good structural condition. If, upon using it, the piece collapses, then you may have a claim for breach of implied warranty. The only exception to this would be when the seller stipulates that you have to buy a product “as is.”
An implied warranty of fitness for a particular purpose applies when you buy a product based upon a promise of performance made by the seller. For example, say a seller states that a support harness he or she is selling can support up to 200 pounds of weight. Such a promise implies a warranty. If the harness subsequently fails while supporting less than the promised weight limit, you could have a case for liability.
More information on product liability issues can be found by continuing to explore our site.