Express Versus Implied Warranties: How They Affect Your Claim - Van Sant Law, LLC

Express Versus Implied Warranties: How They Affect Your Claim

Most items you purchase are covered by some form of warranty. The warranty may not be explicitly stated, but the warranty is still offered.

Warranty Van Sant Law

When it comes to consumer products, there are two types of warranties: Expressed and implied.

Expressed warranties are those that are clearly stated. These warranties may be printed on the product itself, discussed in a paper provided with the product, and more. The expressed warranty is very specific. Implied warranties cover the goods to a specific value, but only with a base level of protection.

If you are injured by a product, it is important that you understand how these warranties apply, and if the warranty affects your claim.

What is an Expressed Warranty?

Expressed warranties (also referred to as express warranties) come in numerous forms. They may be spoken or written, but they guarantee that the product you purchased will meet a specific level of quality. If the product does not meet that quality threshold, the manufacturer will replace or fix the product at no charge. Most express warranties come on the product, such as printed on the side of the packaging or in a paper provided with the product.

Verbal express warranties are those given by the sales professional. For example, you purchased a vehicle and the car salesman tells you that the car is guaranteed to run for 50,000 miles. If the vehicle fails before that mark, you may have a claim. However, verbal warranties are much harder to prove than written express warranties.

What is an Implied Warranty?

When you purchase a product, you expect that product to work as it is marketed, and that it will be safe. If the product fails to meet this standard, it is a breach of warranty. For example, you purchased a new product that had a manufacturing defect, which caused an injury. The manufacturer is in breach of the implied warranty, because they provided you with a faulty product.

For a product to be in breach of warranty, it must:

  • Fail to conform to federal standards for safety and compliance.
  • Fail to be uniform in quality and quantity.
  • Fail to be considered “fit” for the purpose of use for which it is marketed.
  • Fail to meet specifications listed on product label.
  • Fail to have proper labeling.

Have You Been Injured By A Defective Product?

If you or a loved one has been injured due to a faulty product you need to speak with an experienced defective product attorney as soon as possible. Please contact us online or call our office directly at 855.GA.INJURY or 404.991.5950 to schedule your free consultation.

David M. Van Sant
Atlanta personal injury lawyer dedicated to helping clients throughout GA get the compensation they deserve.
Stopwatch

Time is Running Out!

Georgia gives you a limited amount of time for you to file a claim. Call us now for a free consultation.

24-7 Support

(855) GA-INJURY

404-991-5950

Atlanta

307 14th St NW #100
Atlanta, GA 30318

404-991-5950

(855) GA-INJURY

Office Info
Get Directions

Duluth

3675 Crestwood Pkwy NW #400-A
Duluth, GA 30096

678-771-9001

(855) GA-INJURY

Office Info
Get Directions

Alpharetta

11175 Cicero Drive, Suite #100-A
Alpharetta, GA 30022

678-679-6710

(855) GA-INJURY

Office Info
Get Directions

Lawrenceville

113 S Perry St #205
Lawrenceville, GA 30046

678-771-9000

(855) GA-INJURY

Office Info
Get Directions

Athens

824 S Milledge Ave #203
Athens, GA 30605

706-395-5529

(855) GA-INJURY

Office Info
Get Directions

Sandy Springs

6095 Lake Forrest Dr NE #250-A
Atlanta, GA 30328

678-679-6711

(855) GA-INJURY

Office Info
Get Directions

Cumming

123 Tribble Gap Rd #100
Cumming, GA 30040

770-886-9199

(855) GA-INJURY

Office Info
Get Directions

Gainesville

311 Green Street NW, Suite 400
Gainesville, GA 30501

678-771-9019

(855) GA-INJURY

Office Info
Get Directions

©2019 Van Sant Law, LLC, All Rights Reserved, Reproduced with Permission Privacy Policy | Site Map