What are the differences between a manufacturer’s warranty and a product liability claim?
A manufacturer’s warranty and a product liability claim are two different types of legal remedies available to a consumer who has been injured by a defective product. A manufacturer’s warranty is an agreement between the manufacturer and the consumer that promises to repair or replace a product if it is defective. It may provide for damages as well, but these are usually limited in scope and amount. A product liability claim is a legal action taken by a consumer against a manufacturer, seller, or distributor of a product that caused injury or harm. A product liability claim holds the manufacturer or seller responsible for any injury caused by a defective product. Unlike a manufacturer’s warranty, a product liability claim allows the consumer to seek financial compensation for damages such as medical bills, lost wages, or pain and suffering. There is no limit to the amount of compensation a consumer can seek as part of a product liability claim. However, in New Hampshire a plaintiff must prove that the defendant was negligent, or careless, and that their negligence caused the harm or injury sustained by the plaintiff. A successful product liability claim can also prevent similar incidents from occurring in the future by making manufacturers more accountable for the safety of their products. This makes product liability claims important to consider when a consumer has been harmed by a defective product.
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