Skip to Content

Is There a Difference Between Express or Implied Warranty Breach?

November 2, 2022 Personal Injury

As a consumer, you expect the products you buy to work as advertised. Unfortunately, this isn’t always the case. Products routinely fail for a variety of different reasons, and, in some cases, these failures result in serious injuries.

If you have been injured by a dangerous product, you may have a warranty claim against the manufacturer. Most consumer products come with warranties—both express and implied. A breach of express warranty lawyer can assess your legal rights, and if you have an express or implied warranty claim, your lawyer can fight to secure just compensation on your behalf.

What Are the Similarities and Differences Between Express and Implied Warranty Breach Claims?

Many people who suffer product-related injuries have questions about the differences between express and implied warranties. While there are some important legal differences, as a consumer, the most important thing to know is simply that you have legal rights. Manufacturers deserve to be held accountable for selling dangerous products, and regardless of which specific type of claim you can file, you can hire a breach of express warranty lawyer to seek just compensation on your behalf.

Differences Between Express and Implied Warranties

There are some fundamental differences between express and implied warranties. When you contact a lawyer about filing a breach of warranty claim, these differences will play a key role in determining which type of claim (or claims) you can file:

  • Implied Warranties Are Automatic While Express Warranties Are Not – Implied warranties arise automatically under state law. Florida and other states have laws that provide that simply by selling products to consumers, manufacturers warrant that their products are safe or “merchantable.” An implied warranty of “fitness for a particular purpose” can arise automatically in certain circumstances as well. Notably, however, manufacturers can disclaim these warranties by contract in some cases.
  • Express Warranties Are Written While Implied Warranties Are Not – Since implied warranties arise automatically, they generally are not put in writing. However, by definition, an express warranty is a written warranty. If you buy a consumer product and it does not come with any warranty language, you don’t have an express warranty, but an implied warranty may still apply.
  • Express Warranties Are ManufacturerSpecific – Product manufacturers can choose whether to provide express warranties and, as a result, these warranties are manufacturer-specific. In other words, there is no “standard” express warranty. To determine what express warranty applies (if any), it will be necessary to review the specific warranty language included in a product’s packaging or on the manufacturer’s website. s
  • Express Warranties Are Typically More Limited Than Implied Warranties – Since manufacturers can decide what to include in their express warranties, these warranties tend to be fairly limited in terms of what they cover. In contrast, the implied warranties are broader. With that said, injured consumers frequently have express warranty claims, and if you purchased a product that came with an express warranty, you should not automatically assume that the warranty doesn’t apply.

Similarities Between Express and Implied Warranty Breach Claims

While there are several differences between express and implied warranties, when it comes to filing a claim for a breach, the process is similar for both types of warranties. Purchasers and users alike can file claims, and they can seek just compensation for all of the losses they have incurred (and will incur in the future). For both types of claims, the process starts with hiring a lawyer, and once you hire a lawyer to represent you, your lawyer will deal with the manufacturer directly on your behalf. Your lawyer will work to negotiate a favorable settlement, and, if necessary, your lawyer will take the manufacturer to court.

Do You Need to Know Which Type of Warranty Breach Claim You Have?

If you, your child or another loved one has been injured by a dangerous product, you do not need to know which type of warranty claim you have. Again, the most important thing—for now—is simply to consult with a lawyer about your legal rights. Based on the facts of your case, your lawyer will be able to determine which type of warranty breach claim (or claims) to file, and your lawyer can determine if you have a claim for a product defect or a personal injury claim for negligence as well.

What Do You Need To File an Express or Implied Warranty Breach Claim?

To determine if you have an express or implied warranty breach claim, your lawyer will need several key pieces of information. If possible, you should bring the following to your free initial consultation:

  • Receipt or Statement Showing Date of Purchase – If you, a friend or a family member purchased the product, you should try to track down the receipt. Alternatively, if you have a credit card or bank account statement showing the date of purchase, this can be helpful as well.
  • The Product’s Packaging – You should be sure to keep the product’s packaging if you still have it. But if you already threw it away weeks (or months) ago, that’s fine.
  • Any Instructions or Other Documentation – Likewise, if you have any instructions or other documentation that came with the product, you should be sure to bring this with you to your free initial consultation as well.
  • The Product Itself – Unless you have a claim involving a vehicle warranty, home warranty or anything else that is too big to bring with you, you should bring the product itself. If the product is in pieces, carefully collect all of the pieces and keep them together in a container.
  • Photos of What Happened – Finally, if you took photos documenting what happened, you should bring these with you as well (on your phone is fine). If you haven’t yet taken any photos, you should go ahead and take plenty of photos of the product, the accident scene, and your (or your loved one’s) injuries.

Speak with a Breach of Express Warranty Lawyer for Free

Do you have an express or implied warranty claim for a dangerous product? Contact us to find out. To speak with an experienced breach of express warranty lawyer in confidence, call 800-499-0551 or request a free initial consultation online now.