Product Liability and Warranty Theory: Here’s What You Need To Know
As a consumer, it is your wish to have satisfaction upon using certain products. Generally, not all the time this comes to pass. Sometimes, you may consume or use products that are defective hence cause harm to you.
This introduces us to the significance of product liability law and warranty rights of a buyer or lessee. The two are there to protect your safety and welfare as a consumer of a product. It means you can sue the manufacturer for breaching your buyer’s rights.
Product Liability
Responsible Parties in Product Defects Cases
The main thing which defines product defects is any existence of “privity of contract.” This is a contractual relationship between you as an injured consumer and the supplier.
Anyone who develops health problems after using a product has a legal right to file a case in the US. The party liable for the defect of the product is the one that took any part in the product distribution chain, such as the:
- Manufacturer
- Retailer
- Wholesaler
- Installers
Types of Product Defects
In a product liability concept, a complainant needs to prove that the injuries emanate from the defective items. With this, it is easier to classify the different types of products defects which bring liabilities to a supplier or manufacturer.
If you live in Tucson, Arizona, there are consumer protection rights that you can capitalize on after experiencing injury from product consumption. It makes you open a case against the involved party in your woes.
The Warranty Theory
A warranty is technically a contract that clearly states the parties’ positions in a product or service transaction. It shows which tasks the product will perform or how the service delivery will take place. In the contract, a buyer gets the certainty that the product is satisfactory to the needs. Since there is an assurance of the product or service quality, a buyer has the right to sue the seller. This is in the case of defects in the supplies.
Types of Warranties
There are two main types of warranties, namely the implied and express warranties. For the implied warranties, the law creates the rules. This includes the capacity of the seller to provide a buyer with trademarked, patented, and property-free from any infringement. Additionally, there is a warrant of fitness for a product’s regular use.
The express warranties are deliberate statements by the seller to a buyer that assure the product’s suitability. Again, the dealer may give clear instructions on the do’s and don’t’s when using the supplies. In most cases, the contract becomes typically part of the bargain between the parties in the transaction. The seller must give accurate information regarding the product constantly.
Consumer protection rights are significant. They make you sue suppliers or manufacturers whose products cause harm to you. What is most important is understanding the different product liabilities. At the same time, know which your warranty rights are as a buyer.
Contact an Experienced Attorney
Tucson Product Liability Lawyers will take you through the nature of your lawsuit. This is where you learn whether to file against design, manufacturing, and marketing defects. It makes the process proceed well and convincingly.