What is a breach of warranty?

A breach of warranty occurs when the seller of a product does not fulfill their obligation as stated in the warranty agreement. In New York, a breach of warranty is generally defined as the failure of a product to meet the standards of performance or quality promised to the consumer. The warranty agreement is a contractual agreement between the buyer and the seller, and it is usually included with the purchase of a product. When a manufacturer or seller fails to meet their obligations as stated in the warranty agreement, the buyer has the right to sue the manufacturer or seller for damages. For example, a manufacturer might have promised that a product would meet a certain level of performance, but it does not. In this case, the buyer can file a breach of warranty lawsuit against the manufacturer. In New York, courts will evaluate a breach of warranty case and determine the amount of damages that should be awarded to the consumer. Damages can include reimbursement of the purchase price or a replacement of the product, as well as compensation for any other damages (e.g. medical costs or lost wages) that the consumer suffered due to the breach of warranty. Therefore, a breach of warranty is when a buyer does not get the product that was promised by the seller and can result in the consumer suing the seller for damages.

Related FAQs

What is a product liability insurance policy?
What are the different types of product liability claims?
What is a “statute of repose” defense to a product liability claim?
What types of evidence are needed to prove a product defect?
What is the burden of proof in a product liability case?
What legal remedies are available in a product liability case?
What type of expert testimony is needed in a product liability case?
What is a comparative negligence defense?
What is a defective product recall?
Are there limits to the amount of damages that I can receive if I win a product liability lawsuit?

Related Blog Posts

What Is The Scope of Dangerous Products Law? - July 31, 2023
How Can a Lawyer Help Me With a Dangerous Product Lawsuit? - August 7, 2023
What Are the Most Common Dangerous Product Lawsuits? - August 14, 2023
Understanding Product Liability and Negligence in Dangerous Products Law - August 21, 2023
Defending Against Dangerous Products Law Claims - August 28, 2023