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Breach of Warranty Lawyers
These days, most consumer products are covered by a warranty. A warranty or guarantee promises the quality or use of the product you are buying and gives you recourse if the product is defective.
Whether you suffered an injury from a defective appliance or are simply fed up with taking your product for repairs countless times, we could help. Morgan & Morgan understands how frustrating and exhausting it can be to waste precious time and money on getting a product fixed time and again. However, federal and state laws protect your rights as a consumer. You could have legal recourse if you purchased a lemon car or other defective product.
If you want to pursue compensation from a manufacturer for a faulty product, our breach of warranty lawyers in Deland could help. Contact us now for a free, no-obligation consultation to determine whether you have a case and qualify for compensation.
What Is a Breach of Warranty?
A warranty is a guarantee by the manufacturer or seller that they will fix or replace the item if it is defective or stops working within a specific timeframe. Your first step when a product breaks is generally to give the company a chance to repair or replace the item. However, not all sellers live up to their promises and fail to honor their warranties.
According to the Legal Information Institute (LII), a breach of warranty occurs when a written or implied warranty is violated. In a breach of warranty, a seller misrepresents their product, offering false guarantees.
Types of Warranties
Breach of warranty claims can be complex as several types of warranties could apply to your defective product.
Express warranties are claims that a seller or manufacturer makes about a product. They can be written or oral. An express warranty exists even if the words “warranty” or “guarantee” are not used to describe the product’s use or quality. Moreover, if consumers buy a product with an express written warranty, they must be able to rely on the details as laid out in the paperwork. Examples of express warranties include:
- The statement that the car you are buying is free of defects
- The commitment by a manufacturer to repair or replace a defective product or parts of it during a specified period
- Guarantees that the product will last a specific time
It is crucial to note that oral express warranties will be valid even if the written contract states that there are no additional guarantees. However, to have a legal claim against the seller, you must prove that they made the oral statement, which can be tricky.
An implied warranty is the unwritten assurance that a product works as intended. An implied warranty exists even if the seller or manufacturer gives no specific guarantees or makes no claims about the product. An implied warranty also stands if a warranty disclaimer is printed on the product, saying no warranty exists. An implied warranty may not exist only when a seller expressly disclaims any guarantees, for example, by stating that the sale is “as is” or includes defects.
The Federal Magnuson-Moss Warranty Act Protects Consumers
The Magnuson-Moss Warranty Act of 1975 is a federal law that protects consumers from defective products. The Act establishes standards for written guarantees, limits disclaimers of implied warranties, and provides consumers with legal rights when a breach of contract occurs.
The federal law intends to protect consumers from faulty products with a value greater than $10, such as cars, electric appliances, and others. Companies are required to provide detailed information regarding written warranties for their products so that consumers can make an informed choice when purchasing a vehicle or a device. It is important to note that the Magnuson-Moss Warranty Act only applies to goods and not to services.
Which Products Are Covered by Magnuson-Moss?
The Act covers products typically used for household, family, or personal purposes, such as:
- Mobile homes
- Air conditioning units
- Electric appliances such as stoves, refrigerators, dishwashers, microwaves, etc.
- Washing machines and dryers
- Computers and tablets
According to the Magnuson-Moss Warranty Act, manufacturers and sellers of consumer products must meet the following three requirements:
- Sellers must entitle their written warranty as “limited” or “full.”
- Warranties must be available where the product is sold.
- A warranty must provide an easy-to-understand outline of coverage.
You Could Have a Breach of Warranty Claim
Consumers who have, without success, tried to repair their vehicle or appliance several times could seek damages under The Magnuson-Moss Warranty Act. Breach of contract occurs if a significant product defect persists and a consumer is unable to receive a refund or replacement for the defective product.
Moreover, if a breach of warranty caused your injury in Deland, you could pursue additional compensation under Florida law. If you win your breach of warranty case, the defendant generally has to pay for your damages and attorney’s fees.
Consider working with an experienced Deland breach of warranty lawyer at Morgan & Morgan if your breach of warranty claim involves considerable damages or is complex.
The Elements of a Breach of Warranty Claim
To prevail in a breach of warranty claim, you and your attorney have to establish the following elements:
- An implied or express warranty existed
- The product did not comply with the warranty
- The defect is substantial
- The breach of warranty caused injury or damages
You Could Qualify for Compensation
In addition to a refund or replacement of the defective product, you could qualify for other damages if you suffered an injury due to a faulty appliance or car. If you win the lawsuit, the manufacturer or seller could be liable for all the costs and losses you sustained due to the injury, such as:
- Medical treatment
- Lost wages
- Pain and suffering
- Out-of-pocket expenses
You could also qualify for future estimated damages, such as future medical treatment and income loss.
How a Breach of Warranty Lawyer in Deland Could Help
Proving and litigating a breach of warranty claim can be complicated and challenging. However, Morgan & Morgan’s consumer protection lawyers are experienced in dealing with sellers and manufacturers who fail to uphold their promises to consumers. Our attorneys leave no stone unturned to recover the compensation consumers deserve and can:
- Protect your rights
- File a lawsuit against a seller or manufacturer, if necessary
- Fight for maximum compensation on your behalf
- Prevent you from leaving money on the table in settlement negotiations
Going it alone against a powerful manufacturer or seller can be intimidating, and you might end up with much less than you deserve, particularly if you are pursuing a refund or compensation for a defective big-ticket item such as an RV, car, or HVAC system. If you think you have a case against a manufacturer or seller, consider working with a skilled attorney right away. Make sure you retain the product in question and seek legal advice promptly.
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I Suffered an Injury From a Defective Product; What Should I Do?
If you get hurt by a faulty product, get medical help as soon as possible and take concrete steps to protect your legal rights. Visiting a healthcare provider and documenting your injuries with photographs can be an excellent first step. If you can, keep the product that caused your injury, as it can be vital evidence in your case. Finally, seek legal advice as soon as possible as you could be entitled to compensation. After assessing your case, our Deland consumer protection attorneys can clarify your options and move forward with a lawsuit, if appropriate.
Which Products Are Most Likely to Lead to a Settlement?
The product’s value plays a role in breach of warranty claims. Larger and more expensive items such as vehicles, HVAC systems, and large appliances usually have the best chance for recovery, especially if the product had to be repaired several times and was unusable for long periods. You could also receive compensation for not being able to use the product over long periods while in repair. Consider filing a compensation claim in a small claims court for smaller items, such as phones and tablets.
Do I Have to Pay Attorney’s Fees and Legal Costs for a Breach of Warranty Claim?
Morgan & Morgan won’t charge you a dime upfront for handling your breach of warranty claim. Moreover, the Magnuson-Moss Warranty Act provides that the manufacturer pays for your attorney’s fees and legal costs if you win. If you lose, you don’t pay us any attorney’s fees at all. Therefore, filing a breach of warranty claim with Morgan & Morgan comes without any financial risks for you.
Are Extended Warranties Worth It?
Selling extended warranties can be profitable for stores, which is one of the reasons why many merchants encourage consumers to purchase them. Such warranties are particularly popular for the following items:
- Electric appliances
- Computers and phones
Unfortunately, extended warranties fail to live up to the hype in most cases. Generally, electric appliances and electronic equipment do not develop defects within the first few years. If they break down, the items are most likely still covered by their original warranty. According to Consumerreports.org, you may be better off by saving up for car repairs. Extended car warranties are overpriced, and most consumers pay more for the warranty than the coverage they receive.
Could I File a Class-Action Lawsuit for Breach of Warranty?
In some cases, faulty products can injure or cause losses to many individuals who experience the same defect. Class action litigation can be an excellent option for victims to come together and pursue compensation from a manufacturer. Such lawsuits can be particularly advantageous when individual plaintiffs’ damages would be too small to warrant individual lawsuits.
Our lawyers can advise you on all options for getting justice, including joining or initiating a class-action lawsuit for a breach of warranty claim.
How Much Time Do I Have to File a Breach of Warranty Lawsuit in Deland?
When a manufacturer or seller breaches an express or implied warranty, they are also in breach of their contract with the buyer. Breach of contract claims may be filed in Florida within five years, according to Florida Statute § 95.11(2)(b). However, the statute of limitations does not apply to all contracts in the same way, and variations can occur.
Moreover, if you have suffered an injury due to a defective product, you would most likely file a personal injury claim. According to Florida law, most victims have only four years to file a personal injury lawsuit.
Since it can be tricky to determine how much time you have to file a breach of warranty lawsuit, consider seeking legal advice. Consumers who miss the filing deadline are barred from pursuing compensation in most cases.
Do I Need an Attorney for a Breach of Warranty Claim?
Seeking legal advice is generally a good idea when you think you have a breach of warranty claim or someone in your family suffered an injury due to a defective product. An attorney can assess your case, determine your next best steps, and move forward with a lawsuit on your behalf.
In some cases, consumers can file a claim in Deland small claims court to recover what they deserve. However, if you have considerable damages or the product in question has a high value, an attorney might suggest filing a lawsuit against a manufacturer or seller.
We Fight for Deland Residents’ Consumer Rights
Defective products, such as appliances and cars, can cause frustration and present a considerable health and safety hazard for your family. However, as a consumer, you have rights. When a product cannot be reasonably repaired, you should not have to struggle to get what you deserve.
Morgan & Morgan could help you get a refund or replacement product at no cost to you.
Our Deland breach of warranty lawyers are ready to stand up to unscrupulous sellers or manufacturers and hold them accountable. Get started now and contact us for a free case review.