What is a breach of warranty defense?

A breach of warranty defense is a legal argument that is often used in product liability cases in New York. It is the assertion that a manufacturer, distributor, seller, or other defendant is not liable for a product that causes injury or death because the warranty on the product was breached. For a breach of warranty defense to be successful, the defendant must be able to prove that the product did not conform to the stated warranty or that there was a failure to make repairs or replace the product. It is also necessary to prove that the breach was the actual and proximate cause of the injury or death. In product liability cases, there are two main types of warranties – express and implied warranties. An express warranty is an express promise or representation of a specific quality, term, or condition that is made in writing. An implied warranty is a promise or representation of a quality, term, or condition that is based on the product’s description or usage. In order to successfully assert a breach of warranty defense, the defendant must be able to prove that the plaintiff had knowledge of the breach. This means that the defendant must have informed the plaintiff of the breach either orally, in writing, or through advertising. If the plaintiff was not aware of the breach, then the defense may not be successful.

Related FAQs

What is a “pre-emptive” defense to a product liability claim?
What is a design defect?
Can I receive compensation if my injury is caused by a defective product?
What is a “statute of limitations” defense to a product liability claim?
What are the types of defenses that may be raised by the defendant in a products liability claim?
When can I file a claim under Dangerous Products Law?
What is the Consumer Product Safety Act?
How do I file a claim under Dangerous Products Law?
What is a class-action lawsuit?
What is a “strict application of the law” defense to a product liability claim?

What is a breach of warranty defense?

Related FAQs

Related Blog Posts