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Owensboro, KY Breach of Warranty
Breach of Warranty Attorneys
608 Frederica Street, Suite 300
Owensboro, KY 42301
Breach of Warranty Attorneys
Most, if not all, consumer products come with warranties. Manufacturers and sellers may offer written or verbal guarantees for their wares. However, in some cases, products fail to live up to their warranties and are defective or unfit for their intended purpose. Sometimes, a defective product may cause injuries and considerable financial losses to consumers.
If you experienced an injury from a defective appliance or are unable to get a refund or exchange, Morgan & Morgan could help. We understand consumers’ frustrations when they spend their hard-earned money on a faulty or low-quality product that causes nothing but aggravation.
Unfortunately, sometimes you have a “lemon” on your hands that will never live up to a manufacturer’s promises or be fit for purpose. If this is the case, our Owensboro, KY breach of warranty lawyers could help you receive the replacement, refund, and damages you deserve. Contact us today for a complimentary consultation to determine whether you have a breach of warranty case.
Types of Warranties in Kentucky
Two main types of warranties apply to consumer products: express and implied warranty.
Express Warranty
An express warranty is a clearly “expressed” promise by a seller or manufacturer that a product meets a certain standard and functions in a specific way. Express warranties may be oral or written. According to Kentucky Revised Statute § 355.2-313, an express warranty exists when:
- A seller makes a statement of fact or promise to the buyer about the product.
- A description exists that the product should conform to.
For an express warranty to exist, the seller does not have to use the words “warranty” or “guarantee” in their product description. An express warranty is in effect when a manufacturer or seller makes claims or statements about their product. Express warranties can include:
- A statement that the product will last a specific time or number of uses
- The promise that the product is free of defects and faults
- An assurance that the manufacturer will fix or replace the item during a specific period
Verbal express warranties stand even if the written warranty explicitly states that there are no additional guarantees.
Implied Warranty
Most consumer products have an implied warranty, meaning they live up to basic expectations. For example, we expect a vacuum cleaner to pick up dirt from the floor even if this is not stated in the written warranty. An implied warranty can come in two primary forms: implied warranty of merchantability and implied warranty of fitness.
Implied Warranty of Merchantability
The implied warranty of merchantability “implies” that a product is fit for purpose. For example, if you buy a defective hairdryer, you have the right to exchange the product for one that is fit for its intended purpose.
Implied Warranty of Fitness
Some products have an implied warranty of fitness that goes beyond a basic warranty of merchantability. The implied warranty of fitness allows customers recourse when the product they buy works but does not function as intended. For example, if a salesperson recommends a specific portable air-conditioning unit, stating it will cool your room to 70 degrees, an implied warranty of fitness exists. If the mobile unit fails to cool your room to 70 degrees as advertised by the seller, you should be able to exchange the product or receive a refund. The implied warranty protects you from buying a product unsuitable for your intended use.
Can You File a Lawsuit for Breach of Warranty?
When you have a defective product on your hands, your first step should be to take it up with the seller or manufacturer. Generally, consumers must give the company a chance to fix or replace the vehicle or product. However, sometimes, consumers are given the runaround and cannot get what they deserve. If you feel that after multiple attempts to repair a product, it still does not function as intended, you could have legal recourse against the manufacturer or seller.
Breach of Warranty Lawsuit in Owensboro
The Legal Information Institute (LII) states that a breach of warranty happens when an express or implied warranty is violated, and a seller offers false guarantees or misrepresents their product. If you tried to get a replacement, repair, or refund without success, you could file a lawsuit against the individual or company that provided the warranty.
Damages Available in a Breach of Warranty Claim
A breach of warranty is essentially a breach of contract. The damages for a breach of contract claim in Owensboro can include “specific performance” and monetary damages from the manufacturer or seller. Specific performance means that the warrantor must honor the warranty, which may involve refunding, repairing, or replacing the product. A court typically orders specific performance when monetary damages cannot be awarded.
If you or a loved one suffered an injury due to a faulty product, you could file a personal injury lawsuit and qualify for additional compensation. Depending on your injury and expenses, damages could include:
- Lost income
- Medical expenses
- Pain and anguish
- Miscellaneous expenses
- Attorney’s fees and legal expenses
However, before filing a lawsuit, the warranty terms may include that consumers must first try and resolve any disputes through mediation or arbitration. If you think you have a breach of warranty case, our Owensboro KY breach of warranty lawyers can determine all your options for recovering damages.
FAQ
Morgan & Morgan
What Is Mediation in Breach of Warranty Claims?
Mediation is an attempt to informally resolve a dispute between two parties, in this case, the buyer and the warrantor. Mediation involves a neutral third party, the mediator, who aims to facilitate a mutually agreed resolution to the warranty dispute. Mediation is quicker and cheaper than filing a lawsuit and can therefore be advantageous.
If the parties fail to agree and resolve the dispute, they can file a lawsuit or use arbitration. Arbitration is usually more expensive than mediation but less formal and burdensome than going to court. The main difference between mediation and arbitration is that an arbitrator can impose a decision, even if one side disagrees. For mediation to have a successful outcome, both parties must agree.
What Is the Difference Between a Full and a Limited Warranty?
A full warranty means the consumer has the right to a full refund or exchange during the warranty period. In addition, a full warranty entitles a buyer to have the item repaired or replaced within a reasonable timeframe. Moreover, getting the product to the manufacturer and back should not be unduly burdensome for the buyer. In other words, it must be relatively easy to ship an item back or have it picked up. Full warranties usually do not cover normal wear and tear.
Limited warranties can be misleading. They usually only apply when a specific defect or product part is affected. Sometimes, a limited warranty will cover only the defective parts but not the work required to replace or repair the faulty item, which can be expensive for the consumer. For example, the labor for replacing a defective car part can amount to several hundred dollars or more, while the piece itself may only cost a few dollars.
What Is the Magnuson-Moss Warranty Act?
The federal Magnuson-Moss Warranty Act of 1975 essentially protects buyers from defective products. It specifies that sellers and manufacturers provide buyers of consumer products with clear and comprehensive disclosure about the warranty terms and coverage. The Act also:
- Establishes standards for written guarantees
- Limits disclaimers
- Allows consumers legal recourse when a breach of warranty occurs
According to the Warranty Act, manufacturers and sellers of products must:
- State whether the warranty is “full” or “limited.”
- Make warranties available at the point of sale.
- Ensure that the warranty is easy to understand.
Products Covered by Magnuson-Moss
The Act covers written warranties for household, family, and other consumer products costing more than $10. Examples of products covered include:
- Electric household appliances
- Vehicles
- RVs
- Mobile homes
- HVAC units
- Phones, computers, and tablets
- TVs
What Is Kentucky’s Lemon Law?
Kentucky’s lemon law intends to protect consumers who purchased a new vehicle with significant defects. The law aims to hold the manufacturer responsible for such faults. However, it is crucial to note that the lemon law does not cover all imperfections. Instead, it only deals with faults that considerably impact the value, use, or safety of the car and are covered in the express warranty. The lemon law does not cover defects caused by neglect, abuse, wear, and tear, or unauthorized alterations.
If you believe you have a “lemon” vehicle, you should report any defects to the manufacturer in writing. If you are not receiving the repair, replacement, or refund you are entitled to, consider speaking with an Owensboro, KY breach of warrant lawyer about your options.
How Much Does a Breach of Warranty Lawyer Cost?
Some attorneys charge hourly fees or upfront retainers when handling a breach of warranty claim. Not Morgan & Morgan. We help consumers get justice without charging any attorney’s fees upfront. We only get paid when we win. In addition, the manufacturer or seller typically has to pay your attorney’s fees if you win a breach of warranty lawsuit. Therefore, you have no risks and everything to gain when working with us.
Is There a Time Limit for Filing a Breach of Warranty Claim in Owensboro?
According to Kentucky Statute §355.2-725, you can generally file a breach of contract claim within four years after the cause of action occurred in Owensboro. However, there can be some variations in the length you have available. Therefore, speaking to an attorney can be vital if you want to file a breach of warranty lawsuit. Filing too late means that you may be unable to seek any damages.
It is crucial to note that those who suffered an injury due to a defective product have a much smaller timeframe in which to file lawsuits and pursue compensation. If you intend to file a personal injury lawsuit, you usually have to do so within one year of your injury in Kentucky. Since determining how much time consumers have to seek legal recourse can be complex and depends on their circumstances, consider seeking legal advice.
How Can a Breach of Warranty Lawyer Help?
A consumer protection lawyer can protect your rights and fight for the replacement or refund you deserve. Moreover, an experienced breach of warranty attorneys may be able to negotiate a higher settlement than consumers who try to stand up to a powerful manufacturer on their own. Hiring an attorney can be critical if you need a replacement or refund for a high-value product such as an appliance, HVAC system, car, or RV.
Morgan & Morgan’s consumer protection lawyers know how to hold sellers and manufacturers accountable when they fail to honor the terms of their warranties. We can:
- Assess your options for getting justice and compensation
- Gather the evidence to prove your breach of warranty claim
- Negotiate a fair out-of-court settlement
- File a breach of warranty lawsuit on your behalf
- Fight for the maximum possible compensation
Handling a lawsuit on your own is tricky, and you could leave money on the table. Working with one of our qualified lawyers can mean less stress and a better outcome. If you have a breach of warranty claim or suffered harm from a defective product, get in touch with us. Our attorneys can walk you through the legal options, determine the best course of action, and file a lawsuit on your behalf.
Our Breach of Warranty Lawyers Fight for Your Consumer Rights
Defective products are not only frustrating but can cause significant financial losses and even injure consumers. Morgan & Morgan is here to defend your rights and fight unscrupulous companies. Our Owensboro, KY breach of warranty lawyers never hesitate to fight for consumers’ rights, even if this means taking a powerful global manufacturer to court.
If you purchased a defective product and suffered the consequences on your finances or health, we have your back. Contact us for a free case review today.