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

A “breach of implied warranty” is a type of defective products claim recognized under New York law. This type of claim occurs when a consumer or buyer makes a purchase of a product that has a defect that was not made known or did not exist at the time the contract was made. The implied warranty that must have been breached in a defective products claim in New York can be divided into two categories: implied warranty of merchantability and implied warranty of fitness. The implied warranty of merchantability requires that the product purchased is appropriate for its intended purpose and free from defects. The implied warranty of fitness states that the product purchased is suitable for the particular purpose for which it is being purchased. In order to bring a claim of breach of implied warranty in New York, a consumer must prove the existence of the warranty, the breach of that warranty, and the resulting damage resulting from the breach. In addition, the consumer must also demonstrate that the breach was caused by the seller or manufacturer, and not the consumer. Once these elements have been established, the consumer may be entitled to reimbursement for damages including repair or replacement costs, lost profits, or emotional distress. In some cases, punitive damages may be awarded in order to punish the offender for their actions. Ultimately, a breach of implied warranty in a defective products claim is a situation where the seller or manufacturer of a product did not accurately represent its quality or safety at the time of purchase. This brings a legal action against them in which the consumer may seek compensation for damages incurred.

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

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