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

A “breach of implied warranty” in a defective products claim is a promise made by the seller that a product is fit for a particular purpose. It’s implied because the seller did not explicitly state the promise in words, but instead made it by their actions. The law that governs such claims in the state of Washington is the Uniform Commercial Code (UCC). The UCC creates a presumption in favor of consumers that sellers are making an implied warranty that the goods are of merchantable quality, meaning the product should serve its purpose. The seller is not allowed to disclaim or modify this implied warranty. This is where “breach of implied warranty” comes in. It means that the seller has failed to fulfill their implied promise that the product is fit for use. In a defective products claim, the consumer must prove that the product was sold with a defect and that the defect was the cause of the harm suffered. It’s important for consumers to be aware of the UCC and their rights under it in order to protect themselves in the case of a breach of implied warranty. If a consumer believes that a product is defective, they should contact an experienced attorney to pursue their claim.

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

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