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

Product liability and breach of warranty claims are both types of civil claims against a manufacturer for producing a defective product that causes injury or property damage. Product liability claims are typically brought when a product contains a defect that makes it unreasonably dangerous and causes injury or property damage. These claims are based on the idea that it is the responsibility of manufacturers and sellers to produce and sell safe products. Product liability claims are governed by state law. In Washington, product liability claims are brought under the state’s Product Liability Act. A breach of warranty claim is a specific type of product liability claim. A breach of warranty claim arises when a manufacturer or seller fails to meet the contractual obligations it has promised to the consumer. This could include promises as to performance, quality, durability, safety, or other qualities of the product. If these promises are not met and the customer suffers injury or property damage, a breach of warranty claim may be brought. A breach of warranty claim may also be brought against anyone in the chain of distribution (e.g. wholesalers, distributors, and retailers). The main difference between a product liability and a breach of warranty claim is that a product liability claim is based on a defective product, regardless of the promises made by the manufacturer. A breach of warranty claim, however, is based on a promise made by a manufacturer that is not fulfilled.

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

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