What is the difference between a manufacturer’s warranty and product liability law?

Manufacturer’s warranties and product liability law are two separate areas of law which intersect when a product does not meet the consumer’s expectations. A manufacturer’s warranty is a voluntary agreement between the manufacturer and the consumer that promises to fix or replace a product if it fails to function properly. The manufacturer produces the warranty as a way to provide a certain level of quality assurance to the customer. Product liability law is different. It is based on the legal principle of strict liability. It holds a merchant or manufacturer liable for any foreseeable harm caused by a defective product. South Carolina’s product liability law requires that the manufacturer be found negligent—that is, careless or reckless—in the production of the product. This means that the manufacturer must have failed to meet certain standards or failed to provide warnings about the product’s risk of causing harm. If negligence is found, then the merchant or manufacturer will be held liable for any resulting harm. In conclusion, the primary difference between a manufacturer’s warranty and product liability law is that a warranty is a voluntary agreement between the manufacturer and consumer, while product liability is a legal principle which holds a manufacturer liable for foreseeable harm caused by a product.

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What is the difference between a manufacturer’s warranty and product liability law?

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