What is a breach of warranty in defective products law?

A breach of warranty in defective products law is a situation in which a manufacturer or seller fails to fulfill an agreement to deliver a quality product. In Arkansas, warranties are implied, meaning they don’t have to be explicitly stated in an agreement. A breach of warranty means that the product fails to meet the agreement of its performance and quality. When a breach of warranty occurs, the customer has the right to sue the manufacturer or seller for damages. This may involve recovering the cost of the product, as well as any additional damages like medical bills or any lost wages due to having to repair or replace the product. The customer has the burden of proof in order to prove that a breach of warranty has occurred. This involves showing that the product was eminently defective upon delivery, or that there was a defect that substantially decreased the value of the product. It is also important to show that the defect was found within the confines of the warranty period. If a breach of warranty is proven, the customer may be entitled to restitution from the responsible party. In Arkansas, this may include restoring the customer to their original condition prior to the defect, or awarding damages for any losses. The seller or manufacturer may even have to provide the customer with a replacement product.

Related FAQs

Is there a limit on the amount of damages that can be awarded in a defective products case?
What are the elements of a “negligence” product liability claim?
How do I know if I have a valid defective products claim?
What types of evidence are necessary for a defective products case?
What type of proof do I need to establish a defect in a product?
What is a “manufacturing defect” in defective products law?
What are the legal remedies available in defective products cases?
What are the defenses available to a manufacturer in a defective products case?
What is the legal definition of a “defective product”?
What is the duty of a manufacturer regarding a defective product?

What is a breach of warranty in defective products law?

Related FAQs

Related Blog Posts