In the city of San Luis Obispo, a defective product suit may include a breach of warranty (either express written warranty or implied warranty). To understand how warranties affect a personal injury lawsuit, one must first understand how warranties work.
When a product is made, the manufacturer offers a warranty for a specific amount of time. This protects the consumer from a financial loss should the product not work or function as intended. It also protects consumers against products that malfunction in such a way that, with proper use, they cause injury.
An implied warranty, on the other hand, is one that is assumed to be present under the eyes of the law. For example, you purchase a cell phone only to find out that it will not receive incoming calls. The fact that a cell phone is manufactured to take calls may not be covered under an express warranty, but it is implied. If a cell phone cannot take calls, it is not fit for sale to the public.
When a person is injured by a product or any of its pieces, the victim may be able to file a personal injury lawsuit and seek damages for their injuries. Any person who has been injured by a defective product should consult with an attorney experienced in product liability law. An attorney can assist a victim in determining the types of damages they may be qualified to receive.
