What is a breach-of-warranty products liability claim?
Warranties are express or implied representations of fact that the law will enforce against the person who made them. Products liability law is concerned with three types of warranties relating to a product’s quality or fitness for use: express warranties, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose. These warranties are part of the Uniform Commercial Code (UCC), which every state has adopted. An express warranty is created in one of three ways: through an affirmation of fact about the goods made by the supplier of the goods to the purchaser, which becomes a part of the basis of the bargain; through a description of the goods that becomes a part of the basis of the bargain; or through a sample or model that is made part of the basis of the bargain. An express warranty can be words spoken during sale negotiations, or it may be written into the sales contract or on tags attached to the product or a sample. The express warranty may
