What is the difference between a “product liability” claim and a “breach of warranty” claim?

Product liability and breach of warranty are closely related, but distinct, legal concepts that apply to claims involving products that have caused harm. Product liability refers to a legal theory in which a person or company can be held responsible for any injury or damage caused by a defective product in their possession, care, or control. This theory allows injured parties to hold the manufacturer, seller, and/or distributor of a product responsible for their negligence. A breach of warranty claim is a legal theory that applies to products that have not caused any harm, but fail to perform as promised by the warranty. Warranties are promises made to consumers that the products they purchase will meet certain standards. If the product does not meet these standards, then the manufacturer, seller, or distributor can be held liable for the breach of warranty. The main difference between product liability and breach of warranty claims is that the former involves physical harm to the consumer, while the latter involves a product failing to meet the promises set out in the warranty. In the state of Florida, product liability claims involve strict liability, meaning that a person or company can be held liable for a defective product regardless of whether they were negligent in selling or distributing it. Breach of warranty claims, on the other hand, generally involve negligence, as the seller or distributor of a product must have breached their duty to the consumer in order for the claim to be valid.

Related FAQs

What level of responsibility do manufacturers have for the safety of their products?
What is a “risk-benefit analysis”?
What is the legal standard for determining whether a product is dangerous or defective?
Is a manufacturer responsible for product defects discovered after a sale?
Are there any restrictions on the types of products that can be subject to product liability law?
What is “strict tort liability”?
What is “strict liability”?
Is a consumer able to recover damages in a product liability case?
How does the doctrine of “assumption of risk” apply in product liability cases?
How does product liability law work?

What is the difference between a “product liability” claim and a “breach of warranty” claim?

Related FAQs

Related Blog Posts