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$30m Product Liability Verdict -
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$12m Child Wrongful Death -
$11m Personal Injury
Express vs. Implied Warranties
Understanding the differences between express and implied warranties is essential when pursuing a breach of warranty claim.
What Is an Express Warranty?
An express warranty is a promise explicitly stated by the seller or manufacturer, often in writing or advertising. Common examples of express warranties include:
- Written guarantees or contracts detailing product performance or lifespan
- Verbal promises made at the time of sale
- Advertisements that assure specific qualities or features of the product
For example, if a company guarantees that a washing machine will work for five years and it breaks down irreparably after two, the company may have breached its express warranty if the promise wasn’t fulfilled.
In the last 14 years, Shoop & team's impressive track record includes hundreds of Product Liability cases resulting in verdicts or settlements exceeding $1 million. For a Product Liability team with an exemplary track record, clients choose Shoop.
How to Prove a Breach of Warranty
Winning a breach of warranty claim requires comprehensive evidence and legal expertise. Here are the steps that can strengthen your case:
- Ensure the Warranty Was Valid: Confirm that the product was under warranty at the time of failure. Documentation such as receipts, contracts, and warranty cards can prove this.
- Show How the Warranty Was Breached: Establish the specific promises made in the warranty. For an express warranty, use the written or verbal guarantees provided. For an implied warranty, illustrate how the product failed to meet ordinary standards of quality or function.
- Document the Defects or Damages: Take photographs, videos, or written logs of the product’s issues. If the defect caused injuries, obtain medical records to document the harm caused.
- Prove You Followed the Rules: Most warranties include conditions, such as using the product as intended or not attempting unauthorized repairs. Adhering to these terms protects your claim.
- Demonstrate the Harm Suffered: Whether it’s financial loss, property damage, or physical injury, clearly outline how the breach of warranty has affected you.
Product Liability and Warranty Law
Product liability laws often intersect with breach of warranty cases, particularly when defective or unsafe products cause harm. Here’s how these areas of law work together and provide additional avenues for justice:
- Magnuson-Moss Warranty Act: This federal law sets minimum standards for consumer product warranties and enables individuals to sue for breaches. It not only covers express warranties but also protects consumers from misleading or incomplete disclosures.
- California’s Song-Beverly Consumer Warranty Act: This state law provides additional protections by enforcing both express and implied warranties on consumer goods sold in California. Manufacturers and sellers are held accountable when products fail to meet basic safety and performance standards.
Through these warranties and consumer protection laws, breach of warranty cases can address systemic issues affecting large numbers of consumers.
How Shoop | A Professional Law Corporation Can Help
When dealing with a breach of warranty, navigating the legal process can be daunting. At Shoop | A Professional Law Corporation, our expertise in warranty and product liability law ensures that your case is handled with the care it deserves.
Why Choose Us?
- Decades of Experience: With years of experience in handling breach of warranty and product liability cases, we understand the intricacies of both federal and state laws.
- Proven Track Record: We have successfully represented clients nationwide, achieving favorable outcomes in individual suits and large class actions alike.
- Expert Investigation: Our team conducts thorough investigations to gather evidence, identify all liable parties, and build a compelling case.
- Comprehensive Representation: Whether you’re dealing with a single defective product or a systemic warranty issue involving multiple consumers, we tailor our legal strategy to fit your needs.
Our Process
If you have experienced a breach of warranty, you don’t have to face it alone. Our legal team is ready to advocate for your rights and seek the compensation you deserve. We have a detailed process to help you get the compensation you need for your damages and injuries.
- Free Consultation: We begin with a no-obligation consultation to evaluate your case, answer your questions, and discuss your legal options.
- Meticulous Case Building: From collecting evidence to consulting expert witnesses, we build a robust claim to maximize your chances of success.
- Aggressive Negotiation and Litigation: Whether through settlement discussions or courtroom advocacy, we fight for the compensation and accountability you deserve.
- Support Every Step of the Way: We maintain transparent communication throughout the process, so you always know what to expect.
Contact Shoop | A Professional Law Corporation Today
Don’t let manufacturers get away with selling defective products or failing to honor their warranties. Shoop | A Professional Law Corporation is committed to helping consumers nationwide obtain justice in breach of warranty cases. Contact us today for a free consultation and learn how we can help you fight back against warranty violations. Whether you’re an individual navigating a warranty issue or part of a larger case, our breach of warranty attorneys are ready to help you get the results you deserve.
Call us now at (866) 884-1717 or fill out our online contact form to schedule a consultation with a skilled breach of warranty attorney.