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

A breach of implied warranty in a defective products claim is when the product that was delivered does not meet the standard of quality that was expected by the consumer. In Indiana, when a product is sold, a warranty is implied that the product is fit for ordinary use or at least what the manufacturer intended it for. When a product is defective, it means that it was not fit for the ordinary use or did not work as expected when putting it into service. This means that the implied warranty of the product has been breached. In such cases, the supplier of the product is often liable to remedy the situation. There are three types of implied warranties in Indiana: fitness for ordinary use, merchantability, and fitness for a special purpose. When filing a defective products claim, the customer must demonstrate that the product delivered was not fit for ordinary use. This can be done by providing photos, videos or other evidence that the product did not meet the ordinary use standard. In addition, the customer may be able to prove that the supplier was aware of the defects but failed to inform the customer before selling. If the claim is successful, the supplier may be held liable for any damages incurred due to the defective product. This may include the cost of repair or replacement of the product, as well as any other costs related to the defect such as medical expenses for injuries suffered due to the defect. In summary, a breach of implied warranty in a defective products claim in Indiana is when the product that was delivered was not fit for ordinary use or did not work as expected. It is the responsibility of the supplier to remedy the situation or face the consequences.

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