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

In the state of Louisiana products liability law covers claims made against manufacturers and creators of products that cause harm when used as intended. A “product liability” claim occurs when a consumer is injured while using a product and claims the product was defective due to a flaw in the design, manufacturing or marketing of the product. The consumer does not have to prove negligence to make a product liability claim. A “breach of warranty” claim, on the other hand, occurs when a manufacturer or seller fails to meet the terms of an express warranty, or promise to deliver certain qualities or functions with the product. In this case, the consumer must prove that the product did not meet the specified warranty before they can recover damages. So, the main difference between a product liability claim and a breach of warranty claim is the consumer’s burden of proof. With a product liability claim, the consumer does not have to prove negligence to hold the manufacturer liable; however, with a breach of warranty claim, the consumer must show that the product did not meet the terms of the warranty before they can recover damages.

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

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