What is an implied warranty of merchantability in defective products law?
An implied warranty of merchantability in defective products law is an unwritten guarantee that the product a customer purchases is suitable for the purposes it was designed for. In California, this warranty is implied into all consumer purchases and applies to most products sold in the state. In order for a consumer to make a successful claim for a defective product under the implied warranty of merchantability, the product must have been unreasonably dangerous, fail to conform to the promises made in advertising, or fail to perform the job it was purchased to do. The product must also have been purchased for personal, family, or household use. If a consumer can prove any of these claims, he or she may be able to receive compensation for any losses incurred due to the defective product. This compensation may include reimbursement for repair or replacement of the product as well as medical bills, lost wages, and other costs associated with the defective product. Implied warranties can be voided or modified if a seller specifically disclaims the warranty in writing. This disclaimer must be clearly stated and must be signed by the customer. In cases where a disclaimer has been signed, it is not possible for a consumer to make a successful claim under the implied warranty of merchantability.
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