What is a “breach of implied warranty” in a defective products claim?

A breach of implied warranty is a type of claim in a defective products case. In Arkansas, an implied warranty means that a product has been adequately manufactured and performs the purpose for which it was sold—even if there is no written, expressed warranty. In other words, if the product was not fit for its intended use and wasn’t properly made, the manufacturer is held responsible. For example, if you buy a laptop, and it doesn’t power on or the battery doesn’t last long, this could be a breach of an implied warranty. If the laptop was advertised as a machine that could last for 5 hours of battery life and it only lasts for 10 minutes, this could also be a breach of an implied warranty. In either case, the manufacturer might be liable for the defective product and financially responsible for any losses resulting from the breach. In a defective product case, the plaintiff must prove that the product did not meet the standards of the implied warranty in order to establish a breach. This includes proving that the product was defective, that it was the cause of the plaintiff’s losses, and that the product was used as the manufacturer intended. If the plaintiff can prove this, then the manufacturer can be liable under Arkansas’s defective products law.

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What is a “breach of implied warranty” in a defective products claim?

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