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

A “breach of implied warranty” in a defective products claim is when a product does not have the expected quality or performance that is standard in the product category. In California, it is established law that consumers are protected by implied warranties when they purchase a product. This is regardless of whether or not there is an express warranty. Implied warranties are a guarantee that a product is fit for its intended use, and will last for a reasonable amount of time. When a product fails to meet the reasonable expectations that a reasonable person would have the product, this is considered a breach of implied warranty. Under California law, a breach of implied warranty includes the following: when the product is of substandard quality, when the product is unfit for its intended use, when the product does not have the reasonable performance promised by the seller, or when the product does not perform its intended purpose within a reasonable period of time. To make a successful claim, the buyer must prove that the product was defective and that this breach of implied warranty caused the buyer some type of harm. If both of these elements are proven, then the buyer may be able to receive some form of compensation for their loss.

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