205-391-0618

Practice Areas

Monthly Archives: May 2019

Product Defect Claims Based on Breach of an Express Warranty

May 31, 2019 - Personal Injury by

Hire an Experienced Injury Attorney in Tuscaloosa, AL Today Breach of warranty disputes can be somewhat confusing for first-time plaintiffs who are just getting a handle on personal injury and product defect law.  In Alabama, as is the case in most other states, the breach of an express product warranty can give rise to a claim for significant damages, depending on the circumstances. What would be considered a breach of an express warranty case? Suppose that you are injured while using a ladder.  The ladder is rated to handle a certain amount of weight.  Though this is not listed specifically as a “warranty” on the box, it suffices as a guarantee equivalent to an express warranty.  Later, you use the ladder while removing heavy materials from the roof of your house.  Despite the fact that the ladder is rated to handle more than the amount of weight you are carrying, it fails and the ladder collapses, causing you to sustain serious injuries. Given the above fact pattern, you would almost certainly have an actionable product defect lawsuit, one aspect of which would involve the breach of an express warranty. Basics of an Express Warranty Warranty law is based on contract, and as such, there must be privity between the end-user and the defendant.  If the retail store makes a warranty that is not in the manufacturer’s marketing materials, for example, then you would not have an actionable claim against the manufacturer — your claim would exist solely against the seller […]

Read More

Hear What Our Clients Have To Say

"ast year when my husband was injured in a car accident, I contacted Dell Cross. Immediately he and his wonderful staff went to work gathering all the information necessary to settle our claim. He explained every process, kept us informed and handled everything from the insurance companies down to the smallest bill. He made himself available to us anytime day or night, answering our questions and dealing with our concerns"
Posted By: Alice Kirkland

Read More Reviews