What is a breach of warranty defense?

A breach of warranty defense is a legal argument used to protect a person or business from liability in the event of a dangerous product. This defense is asserted when a person is injured due to a defect in a product, and the manufacturer or supplier claimed that the product was safe and suitable. In order for a breach of warranty defense to be successful, the defendant must prove that the product did not meet the warranties and promises made by the provider. In Maryland, the Uniform Commercial Code governs breach of warranties. Under the Code, a breach of warranty is established when a breach of a contractual warranty has taken place. This includes broken promises that have been made as part of the sales transaction. For example, if a consumer purchased a cell phone and the manufacturer claimed that it was water-resistant, but the phone was damaged when the consumer used it in the shower, the manufacturer could be liable for a breach of warranty. In addition to demonstrating a breach of warranty, the injured party must also prove that the breach resulted in the injury or damage that was sustained. A breach of warranty defense is typically used as a form of legal defense in product liability cases. It is important to understand that this defense does not absolve the defendant from liability for any other damages or injury, but it can be used to reduce potential liability.

Related FAQs

What is a statutory defense?
What are the statutes of limitations governing product liability claims?
What should I do if I am injured by a defective product?
Can a seller or distributor of a product be held liable for product defects?
What legal remedies are available in a product liability case?
What types of injury can be caused by a defective product?
What is a “pre-emptive” defense to a product liability claim?
What is a manufacturing defect?
What is a warning defense?
What remedies are available to a plaintiff in a product liability case?

What is a breach of warranty defense?

Related FAQs

Related Blog Posts