When a product is dangerous, defective, or fails to perform as promised, consumers may be able to file a breach of warranty claim. Warranties, both express and implied, help ensure that products are safe and effective when sold on the market. When these warranties are breached and cause injury, a consumer may have the right to seek compensation. At Wisner Baum, our attorneys can explain the types of warranties, how breaches occur, real-world breach of warranty examples, and possible legal remedies.
Individuals who have been injured by a dangerous or defective product are encouraged to consult with one of our breach of warranty attorneys as soon as possible. Depending on the circumstances of the case, legal action may be taken against the manufacturer, seller, distributor, or marketer of the product.
Breach of Warranty in Legal Terms
A warranty is an assurance or promise made by a manufacturer or seller that a product is safe for its intended use. Warranties may be expressed or implied. Express warranties are made either verbally or in writing and generally speak to the quality, durability, or functionality of the product. Implied warranties are unspoken promises about the safety of the product. The Federal Trade Commission notes that most states have laws related to the “warranty of merchantability” and the “warranty of fitness for a particular purpose.”
Understanding implied warranties:
- Warranty of merchantability: The “Warranty of Merchantability” is an implied warranty that contends that the product is reasonably fit for its ordinary and intended use and is free from defects. It is defined under Section 2-314 of the Uniform Commercial Code (UCC).
- Warranty of fitness for a particular purpose: The “Warranty of Fitness for a Particular Purpose” is defined under Section 2-315 of the UCC and implies that a buyer is relying on the seller’s skill or judgment that a product or goods is fit for a particular use.
Ultimately, a breach of warranty is a breach of contract; however, these claims often are a part of a broader product liability claim. Product liability claims arise when a product causes injury to a consumer due to a defect, breach of warranty, or failure to warn. For example, when a medical device, such as a pacemaker, fails prematurely after being labeled “safe and effective,” the patient may bring a product liability claim for breach of warranty.
Another example is the toxic baby food litigation currently pending in the US. According to legal documents, baby food manufacturers made claims that their products were safe to consume despite allegedly knowing that they contained dangerous levels of toxic heavy metals that could cause developmental disorders.
Express Vs. Implied Warranties
In general, products and goods sold in the US come with implied warranties, such as the warranty of merchantability and the warranty of fitness for a particular purpose. Some products also come with express warranties. Express warranties can be written or verbal and are generally found in marketing materials or in the language of a contract.
Differences of express and implied warranties:
- Implied warranties: Most states have adopted a version of the Uniform Commercial Code, which defines the warranty of merchantability and a warranty of fitness for a particular purpose. They do not require a specific statement by the seller about the intended use or fitness of the product. Implied warranties may not apply if a good is sold “as is” or accepted by a consumer with known defects. Laws differ by state and should be reviewed by an experienced attorney.
- Express warranties: A written or verbal statement by a seller about the fitness, reliability, or quality of the product. Express warranties may be found in a contract for sales, online, in ads, or on packaging. Express warranties are generally governed by federal law under the Magnuson-Moss Warranty Act, which requires sellers to abide by specific terms. For instance, sellers must state clearly whether it is a full or limited warranty and disclose how long the warranty lasts.
A breach of warranty lawyer can help determine whether state or federal law was violated by a company. They will evaluate the claim to determine the best course of legal action.
Common Causes of Warranty Breaches
Breaches of warranties can stem from a number of different problems with the product. From product defects to a seller making misleading or false statements about the safety of the product. If a product caused harm, there may be a legal claim based on a breach of either an express or implied warranty, or both. It is important to discuss a case with an attorney as early in the process as possible to ensure all legal deadlines are met.
Common causes of breaches of warranty:
- False or misleading statements by the seller
- Product failure prior to the expiration of the express warranty
- Warranty terms that are unclear
- A food product that is unfit for consumption
- A product that fails to meet promised specifications
- A seller who refuses to provide repairs or support as outlined in the terms of the warranty
Legally, there are different types of breaches, including material, immaterial, and anticipatory breaches. A material breach is one that involves a significant failure, while an immaterial breach may be one that may be minor but still allows for a legal remedy. An anticipatory breach is one that is expected to happen based on the behavior or actions of the seller or another party.
Examples of Breach of Warranty Cases
The product liability attorneys with Wisner Baum are well-versed in handling breach of warranty cases. In several instances, attorneys with the firm have served as leadership on multidistrict litigation involving these claims.
Breach of warranty cases handled by the attorneys at Wisner Baum:
- Dexcom G6 and G7: In September 2025, attorneys with Wisner Baum filed a class action lawsuit against the manufacturer of the Dexcom G6 and G7 continuous glucose monitoring systems. The Dexcom lawsuit alleges the devices are defective and breached express and implied warranties under state and federal law.
- Toxic baby food: Wisner Baum is currently handling cases related to contaminated baby food. Toxic baby food litigation alleges that commercial baby food products sold in the US contain elevated levels of toxic heavy metals. It is further alleged that manufacturers knew or should have known of the dangers of consuming their products and failed to warn consumers.
- Suboxone: Attorneys with Wisner Baum were instrumental in bringing awareness to the link between Suboxone and tooth decay. Suboxone lawsuits allege that the drug was dangerous, with a significant risk of harm that was not fully conveyed to patients.
Proving a Breach of Warranty Claim
There are several steps to proving a breach of warranty claim. The first step is to consult with an experienced attorney. An attorney can review the claim to determine whether there is a valid legal case. An attorney will help to determine if a warranty exists and whether there was a breach. It is imperative to retain any information related to the product, including packaging, marketing materials, and proof of purchase.
Next, a successful breach of warranty claim will depend on the ability to prove that the breach caused harm and that there were actual damages. It is important to note that the burden of proof is on the party filing the claim. A plaintiff must show that a warranty existed and was violated by a seller, manufacturer, or other party. Working with an attorney can help to ensure eligibility to take legal action and that all legal requirements are met prior to filing.
Legal Remedies for Breach of Warranty
Plaintiffs may be entitled to a number of legal remedies if a breach of warranty caused harm. Since legal remedies are case-specific, it is important to discuss the claim with a breach of warranty attorney well-versed in product liability claims.
Potential damages in a breach of warranty claim:
- Refund: In some cases, a refund for the product purchased may be warranted.
- Replacement: A breach of warranty claim may also result in the replacement of the product.
- Repair: If the product is unique, a remedy may include the cost to repair.
- Monetary Compensation: In some instances, the legal remedy may involve monetary compensation. Compensation may include coverage for medical costs, pain and suffering, and lost wages. Damages and the potential value of a claim depend on the individual circumstances of the case.
Some states limit warranty claims, such as if the product is purchased “as is” or a consumer purchases the product with a known defect. Working with an attorney can help to ensure that any limitations or potential defenses to a breach of warranty claim are able to be overcome.
Filing a Breach of Warranty Lawsuit
There are several steps to filing a breach of warranty lawsuit. Cases are dependent on evidence proving the existence of a warranty and its violation. An attorney can help to determine if the breach amounts to a legal claim and the best course of action to take.
Steps to file a breach of warranty lawsuit:
- Identify the warranty: Identify whether the breach is of an express or implied warranty, or both. Implied warranties are automatically applied under state law, including the “warranty of merchantability” and the “warranty of fitness for a particular purpose.” Express warranties are written or verbal statements made by a party about the reliability, durability, or performance of a product.
- Collect evidence: Gather evidence that can help substantiate the claim, including product packaging, marketing materials, proof of purchase, and medical records proving product-related harm.
- Consult with an attorney: Consult with a breach of warranty attorney about the potential to take legal action against a party that violated state or federal law. It is important to act quickly to ensure that any state-specific statute of limitations or time limits are met.
Depending on the circumstances of the case, the claim may be filed as an independent lawsuit or there may be the opportunity to join a class action lawsuit or multidistrict litigation. Each type of case is unique, with jurisdictional issues that may affect how and when the case can be filed. An attorney can provide guidance throughout the process to ensure timely filing in the appropriate jurisdiction.
How a Wisner Baum Attorney Can Help
When a breach of warranty causes harm, the harmed party may be able to take legal action. An experienced product liability lawyer can help determine whether there is a valid legal claim by evaluating the warranty language, advertising claims, and product packaging.
The attorneys at Wisner Baum have vast experience handling breach of warranty lawsuits, serving on leadership committees in multiple mass tort cases. Individuals who have been harmed as a result of a breach of warranty are encouraged to contact Wisner Baum to schedule a free, no-obligation case evaluation.
