Warranty Litigation – How Are They Different From Patent Lawsuits?
A warranty lawsuit is filed whenever a consumer feels that there has been a breach in the express or implied warranty of the product. It is a legal process which is filed against the manufacturer, the seller, or the dealer. The warranty lawsuit revolves around three major issues. First, it is an assertion that something was wrong with the item. Second, it is an assertion that the item should have been defective. Finally, it is an assertion that the item should have covered by a warranty.
According to the Phillips v. Magnuson-Moss Warranty Act, any “breach of warranty” is excepted from the sale. Thus, the warranty lawsuit has been interpreted as excluding the sale where there is a breach of express or implied warranties. This is so because the express warranties have been disclaimed and the only warranty to be sold is the implied warranty. This is contrary to what has happened in recent years. For instance, under the Arizona law, it has been now held that even a dealer’s failure to comply with a state law that protects automobile buyers is enough to hold him responsible for damages caused to a vehicle.
This means that in cases like this, where a manufacturer has failed to comply with the warranty law, then he is liable for damages. A manufacturer may also face a loss if he allows a breach in the warranty. On the other hand, if a consumer sues a manufacturer, the manufacturer can defend himself by suing the dealer who refused to honor the warranty.
However, the immunity from lawsuit does not extend to damages on account of that refusal to sell. This is so because a warranty lawsuit may only arise if the manufacturer did not comply with a legal requirement or did not inform the public about its product. So, the California warranty lawsuit law does not apply to products that are in containers in which the contents cannot be identified. This means that the attorney defending the manufacturer will have to prove that he did not know about the contents and did not warn the public.
The attorneys handling these lawsuits are called “product liability” attorneys. These attorneys are specialized in these lawsuits because they know how to tackle the manufacturers. In fact, many California product liability attorneys have represented major corporations. These attorneys know that it is extremely important for these companies to come forward and admit their liability so that they do not lose millions of dollars in lawsuits that they bring against small businesses.
In warranty lawsuits, it is necessary for the plaintiff to show that there was a breach in the contract. The plaintiff has to establish both knowledge and reliance. It is essential for the plaintiff to prove that the breach in the contract deprived her of the right to benefit from the contract. The breach must also show that the defendant failed to exercise reasonable care. The breach may have occurred because of a design flaw, a manufacturing defect, or an apparent or implied error of fact. So, to bring a successful warranty lawsuit, the plaintiff must establish each of these elements.
