The Role of Warranties in Florida Product Liability
When purchasing products, consumers are often reassured by warranties that promise safety, reliability, and performance. In Florida, these assurances carry significant legal weight. Understanding the role of both express and implied warranties in product liability claims is crucial for any consumer facing issues with defective products. This blog will explore how warranties influence product liability claims in Florida and what every consumer should know about breaches of warranty.
Express Warranties and Product Liability in Florida
Express warranties are specific promises made by a seller or manufacturer regarding the quality, safety, or functionality of a product. These can be verbal statements, written guarantees, or even marketing materials that assert certain facts about a product. In Florida, express warranties can directly impact product liability claims because they form part of the contract between the buyer and the seller. If a product fails to perform as warranted, the consumer may have grounds to file a claim under breach of warranty.
For example, if a car is sold with a warranty that it can safely reach speeds up to 200 mph but fails to do so or malfunctions at high speeds, the consumer may pursue a claim based on that express warranty. The legal challenge often lies in proving that the warranty was indeed given and that the consumer relied on this warranty in making the purchase. Documentation such as sales receipts, product packaging, or advertising materials can be critical in establishing the existence and terms of an express warranty.
Implied Warranties in Florida’s Product Liability Law
Beyond express warranties, Florida law also recognizes implied warranties, which are automatically established by law and ensure that a product is fit for the general purposes for which it is used. The two primary types of implied warranties are the warranty of merchantability and the warranty of fitness for a particular purpose. The warranty of merchantability asserts that a product will work as commonly expected by a reasonable person. On the other hand, the warranty of fitness applies when a seller knows a consumer needs a product for a specific purpose and assures that the product can meet that particular need.
In product liability cases, a breach of implied warranty occurs when products are found inherently defective or unfit for their intended use. For instance, if a toaster, a product generally expected to toast bread safely, catches fire under normal operating conditions, it breaches the warranty of merchantability. Consumers harmed by such defects can claim damages under Florida’s product liability laws, citing breach of implied warranty as the legal basis for their claims.
Proving a Breach of Warranty in Florida
Proving a breach of warranty in Florida requires demonstrating that the warranty existed, the product did not meet the terms of the warranty, and this failure has caused harm to the consumer. Evidence critical in such cases includes sales contracts, warranty documents, and expert testimonies regarding product performance versus the warranty’s assurances.
Furthermore, Florida adheres to the principle of “privity of contract,” which traditionally meant that only consumers who bought the product directly from the supplier or manufacturer could claim a breach of warranty. However, modern interpretations and laws have somewhat broadened this scope, allowing third parties affected by a defective product to pursue claims in certain situations.
Contact Smith, Ball, Báez & Prather, Florida Injury Lawyers
Warranties play a crucial role in product liability claims in Florida, providing consumers with a legal avenue for recourse when products fail to perform as expected. At Smith, Ball, Báez & Prather, our expert legal team understands the intricacies of product liability law, including the nuances of express and implied warranties. If you believe a product has failed to meet its promised warranty and you’ve experienced loss or injury due to a product defect, contact us to discuss your case. Protecting your rights as a consumer is our top priority. Reach out to our experienced team today to ensure your rights are protected under Florida law.
Source:
law.cornell.edu/wex/products_liability
