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

In a product liability case in Virginia, a plaintiff must establish that there has been a “breach of warranty” in order to prove that the manufacturer or seller is liable. This means that the plaintiff must prove that the product did not meet the warranty standards described by the manufacturer or seller. Under the Uniform Commercial Code, which is the law in Virginia, warranties can be either express or implied. An express warranty is when a seller or manufacturer specifically promises or guarantees the quality of a product, and an implied warranty is an unspoken customary guarantee of quality and safety. Depending on the situation, both types of warranties can be applicable in product liability cases. To establish a breach of warranty, a plaintiff must show that the product did not meet the standard of quality or safety that the manufacturer or seller provided under the warranty. This means that the plaintiff must show that the product was not as described in the warranty, was not fit for its intended use, or was not of good quality. The plaintiff must be able to prove that the product was defective in some way, either through the inspection of the product itself or through witness testimony. In short, for a plaintiff to successfully establish the “breach of warranty” in a product liability case in Virginia, they must be able to demonstrate that the product did not meet the standards set forth by the manufacturer or seller under the warranty.

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

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