What is a breach of warranty in defective products law?

A breach of warranty in defective products law is the failure of a product to meet the standards set out in the warranty. In West Virginia, a breach of warranty occurs when the product does not perform as expected, or when it does not have the characteristics or features promised in the warranty. When a breach of warranty occurs, the buyer of the product has the right to take legal action against the manufacturer, distributor, or seller of the product, depending on the specific facts of the situation. If the breach of warranty was due to a manufacturing defect or failure to warn of potential problems, the manufacturer can be held liable. If the breach of warranty was due to problems related to the product’s design or advertising, the distributor or seller can be held responsible. When a breach of warranty occurs, the buyer of the product may be entitled to various forms of relief, such as repairs or replacements of the product, reimbursement of the purchase price, or other compensation for actual damages incurred due to the breach of warranty. Additionally, the buyer may be entitled to punitive damages if the manufacturer, distributor, or seller was found to have acted with gross negligence or recklessness. By understanding the basics of a breach of warranty in West Virginia’s defective products law, consumers are better equipped to seek the legal protections they deserve if they are sold a faulty or unsafe product.

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What is a breach of warranty in defective products law?

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