When you buy something from a reputable retailer or vendor, you naturally assume that it’s safe to use. This assumption has a legal basis that’s known as implied warranty of merchantability. To put it simply, any product automatically comes with a warranty, whether it’s explicit or not, that promises it’s free of defects and will work as intended. This unspoken guarantee helps to protect consumers, allowing them to pursue compensation in the event this implied warranty is breached.
If a product is defective or came with inadequate warnings, even if there isn’t an explicit, formal warranty you can point to, implied warranty of merchantability gives you the grounds to file a product liability claim against the manufacturer, distributor or retailer. The experienced attorneys at the Weycer Law Firm will strengthen your chances of success, fighting for maximum compensation to cover resulting medical bills, lost wages and any other damages caused by the defective product.
Types of Implied Warranties
Implied Warranty of Merchantability
The Implied Warranty of Merchantability signifies that a sold product has met industry standards. As long as the seller or manufacturer is a qualified merchant, the buyer’s expectations that the product is of comparable quality to similar goods are validated by state law. If you buy a toaster, you’re legally justified in believing that it can toast bread effectively without becoming a fire hazard. If the product fails to meet these expectations, you’re within your rights to pursue a product liability claim.
Implied Warranty of Fitness for a Particular Purpose
While Implied Warranty for Merchantability covers a broad scope of products, Implied Warranty of Fitness for a Particular Purpose applies to products that require seller expertise. In other words, the buyer has a legal basis to trust that the seller has the skill and experience to assist them.
For instance, if you’re buying a medical device at a pharmacy, and a pharmacist or another employee there recommends a specific product or brand, you can inherently assume their recommendations are well-founded, and they have the experience or qualifications to support their knowledge.
Consequently, if the product doesn’t operate as intended and you suffer injuries or damages as a result, and you can prove the seller was or should have been aware of the defect (e.g., prior recalls or customer lawsuits), you may be able to file a product liability claim.
Implied Warranty of Title and Against Infringement
Implied Warranty of Title and Against Infringement suggests that the seller has the legal authorization to sell their goods. Customers can reasonably expect to buy a product without worrying about any lawful security interests, liens, encumbrances or infringement claims.
For example, when you buy a car from a dealership or real estate from a licensed agent, it’s understood that the seller has the legal right to sell these products. However, if you were led to believe a title was clear when it wasn’t, resulting in lost money or legal troubles, you likely have cause to hold the seller (or responsible third party) liable.
Can Implied Warranty of Merchantability Help My Product Liability Case?
It depends on the scenario – but oftentimes, yes. Because an implied warranty is a part of Texas law, you have a credible legal basis to pursue your product liability claim even if the product didn’t have a traditional warranty.
Regardless of what the company involved may claim, this inherent promise of quality automatically exists the moment you purchase their product. In fact, an implied warranty may be easier to substantiate than an explicit warranty, as you don’t need a physical statement from the company to prove their legal liability.
There are some exceptions in which an implied warranty can’t help your claim. In the case of Webster v. Blue Ship Tea Room (1964), the plaintiff’s product liability claim (pertaining to a chowder-induced injury) was dismissed because the company proved Webster understood the intrinsic risks of bones in clam chowder and chose to order it anyway.
Because the implied warranty was, in the court’s view, acknowledged and waived, the plaintiff couldn’t use it in their claim. You can learn more about common defenses companies may use to hinder product liability claims in our blog here .
In practical terms, this means you may have trouble bringing a claim for injuries or damages caused by product dangers or risks any reasonably informed person would know about or recognize.
Hire Aggressive Product Liability Attorneys in Houston With Over 35 Years of Experience
While you have two years from the time the defect or injuries become apparent to file your claim in Texas, the sooner you file, the stronger your case will be. At the Weycer Law Firm, our attorneys will work fast to pursue the compensation you deserve. We’ll perform a detail-oriented investigation and fiercely advocate for your interests in negotiations or litigation with manufacturers and retailers.
Put our wealth of experience with implied warranty laws to work on your case. Schedule a free consultation to discuss your claim with a skilled product liability attorney today by calling (713) 668-4545 or starting a live chat.
