How does a plaintiff establish the “breach of warranty” in a product liability case?

In a product liability case in North Carolina, a plaintiff must first establish a breach of warranty in order to recover damages. A breach of warranty is a legal claim that the product in question did not meet the standard of quality promised by the manufacturer or seller. In order for a plaintiff to prove a breach of warranty in North Carolina, the plaintiff must show that there was an express or implied warranty provided by the manufacturer or seller of the product. An express warranty is an explicit guarantee or promise made by the manufacturer or seller of a product that the product will meet a certain standard of quality. An implied warranty, on the other hand, is an unwritten promise from the manufacturer or seller that the product will meet the standard of quality that a reasonably prudent consumer would expect for the type of product in question. The plaintiff must also prove that the product did not meet the standard of quality promised by the manufacturer and, as a result, breached the warranty. This can be done by demonstrating that the product was dangerously defective or that it did not match the description or sample provided by the manufacturer. Finally, the plaintiff must also show that the breach of warranty was the direct cause of any damage or harm they suffered from using the product.

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How does a plaintiff establish the “breach of warranty” in a product liability case?

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