What is a “breach of implied warranty” of product safety?

A breach of implied warranty of product safety is when a product has a flaw or problem that should have been fixed or reported by the manufacturer, but wasn’t. In Washington, implied warranties are mandated by law and must be part of every sales contract. This means that every product sold in the state is guaranteed to be safe. If the product is found to be defective or dangerous, the buyer can hold the manufacturer accountable. When a product fails, the manufacturer is usually considered to have breached the implied warranty. In these cases, the buyer can sue the manufacturer or distributor and receive damages for personal injuries or property damage caused by the product. In the state of Washington, there are three types of implied warranties: merchantability, fitness for a particular purpose and title. When it comes to merchantability, a product that is sold must be fit for its purpose, of merchantable quality and must also meet any promises made about the product. For example, if a product was advertised as “waterproof,” the buyer can expect it to be waterproof. When it comes to fitness for a particular purpose, the product must be suitable for its intended use. For example, if a product was sold for use in a swimming pool, it must be able to withstand chlorine and other chemicals used in pools as well as be able to resist the effects of heat and sunlight. Finally, when it comes to title, the seller must have the right to sell the product. This means that they must have a legal right or permission to do so. In Washington, it is expected that the manufactured products meet these implied warranties in order to protect consumers. When they fail to do so, it is considered to be a breach of implied warranty of product safety.

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What is a “breach of implied warranty” of product safety?

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