What is a breach of warranty in defective products law?

A breach of warranty in Defective Products Law in Washington occurs when a product is sold with an implied or explicit promise that it will do what it is supposed to do and it fails to do so. A breach of warranty may be written (e.g., in a contract) or it may be an implication made by the seller (implied warranty). In Washington, a seller is required to make sure that products that pass through their hands are safe, fit for use, and of reasonable quality. The seller must meet these requirements even if the item is sold “as is.” Under Defective Products Law in Washington, a breach of warranty can occur when a product is deemed unreasonably dangerous or is not of merchantable quality. A breach of warranty also occurs if the product fails to meet the standards that the seller either stated or implied it would meet. For instance, a breach of warranty would occur if a product failed to work as advertised, or if it had an unsafe design feature that could cause injury or harm to the user. Another type of breach of warranty is known as the implied warranty of fitness for a particular purpose. This occurs when a customer purchases an item for a specific purpose and the seller did not disclose any defects or risks associated with it. Finally, a breach of warranty would occur if a seller did not make repairs or honor an extended warranty. In Washington, a breach of warranty can be addressed through a civil lawsuit. The plaintiff must prove that the seller was aware of the defect or breach of warranty and that they failed to disclose it to the customer. The lawsuit may also include claims for reimbursement of repair costs, replacement of the product, or other damages.

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