What is an “implied warranty” defense to a product liability claim?

An implied warranty defense to a product liability claim in Florida is a legal concept that allows a manufacturer, distributor, seller, or other person in the chain of distribution to avoid liability in certain situations. This defense is based on the notion that a person who buys a product is entitled to certain warranties, either expressed or implied, from the seller. An implied warranty is an unspoken agreement between a manufacturer and a customer, usually that the product is suitable for its intended purpose, regardless of whether it is explicitly stated. The main implied warranty that can be used in product liability claims in Florida is the implied warranty of merchantability. This warranty states that a product sold must be fit for the ordinary purposes for which it was intended, and that it must be of satisfactory quality, reasonably free from defects, and safe for use. This warranty also applies to products that are advertised as fit for particular purposes. Even if a product is impliedly warranted, a product liability claim can still be made if it can be shown that a consumer was harmed by a product because of a defect. In this case, the implied warranty defense may not be available. To succeed in this defense, the manufacturer or seller must demonstrate that the product was fit for the particular purpose for which it was being used and that it complied with all required safety regulations.

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What is an “implied warranty” defense to a product liability claim?

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