Massachusetts “Breach of Warranty” Claims in Product Liability Cases

Consumers have the right to file product liability claims against manufacturers and sellers who make and sell unsafe products that cause injuries. Examples of products that often fail to work properly include car parts, medical devices, drugs, household products, electrical products, and tools.

Generally, the people who suffer these injuries file product liability claims, which are a specific type of personal injury claim.

Legal theories that support product liability claims

One common theory is strict liability, which states that anyone who suffers injuries due to a defective product can file a claim against the manufacturer or seller. The core requirements are showing that the product was defective and the defect caused your injuries or the death of a loved one. Under this theory, the manufacturer is strictly liable, which means there’s no need to prove negligence. However, Massachusetts does not recognize a separate strict-liability tort for product defects. Fortunately, there are other theories that apply in the state if a product is defective due to faulty design, workmanship, or instructions, or the failure to include proper warnings.

A second theory is negligence. To file a successful negligence claim, the injured person must show that the manufacturer owed them a duty of care, breached the duty, and that the breach caused their injuries. Breaches include failing to design, construct, and market the product according to acceptable industry standards.

A third theory, which we discuss in detail here, is breach of warranty. This theory basically allows users of products to file a product liability claim if the manufacturer or seller makes an express or implied warranty about the use and safety of a product and breaches that warranty, causing your injuries or the death of a loved one. The ability to file a breach of warranty claim basically means that those injured by defective products in Massachusetts have similar recourse as those in states that have formal strict liability tort claims.

What is an express warranty?

You’ve probably seen express warranties when you buy a car or any consumer goods. An express warranty is a contract by the manufacturer (or a distributor or retailer) about the quality of the product you’re buying. Express warranties may include advertising claims about a product, verbal guarantees by the seller, and any labels and marketing materials.

Examples of express warranties include promises about how long the product should last, how well the product will perform, or that the product has specific working features.

To file a product liability claim, the injured person must show that:

• The manufacturer or seller made a promise or affirmation about the product
• The buyer relied on the promise or affirmation to buy the product
• The product failed to perform as promised
• The product caused harm due to the breach

The Massachusetts law does not require the specific use of the word “warranty.”

What is an implied warranty?

Our Boston product liability lawyers may file a breach of an implied warranty claim based on the following types of implied warranties. Federal or state laws may provide these warranties.

Implied warranty of merchantability

This type of warranty provides that a product:

• Passes without objection in the trade under the contract description
• It is of fair and average quality, according to the product description
• Is “fit for the ordinary purposes for which such goods are used”
• It is generally of “even kind, quality, and quantity within each unit and among all units involved”
• Is “adequately contained, packaged, and labeled as the agreement may require”
• “Conforms to any promises or affirmations of fact made on the container or label, if any”

Implied warranty of fitness for a particular purpose

This warranty generally applies if the seller knows the buyer is relying on the seller’s word about how the product will work for a specific purpose – and the product is not appropriate for that specific purpose.

One key difference between the two types of warranties is that an implied warranty of merchantability is for an “ordinary” purpose, while an implied warranty of fitness is for a “specific” purpose.

Our Boston product liability lawyers file claims if an implied warranty exists, the seller breaches the warranty, and the breach of the warranty is the proximate cause of your injuries or the death of a loved one.

What is privity?

Generally, you can file a product liability claim even if you are not the buyer of the product. Manufacturers and sellers are liable to anyone who suffers injuries if they reasonably should have anticipated that the person would use the product.

How much time do I have to file a breach of warranty claim in Massachusetts?

Generally, you must file a product liability claim for personal injuries within three years from the date of the accident that caused those injuries.

Please contact us as soon as possible. We need to have professionals examine the product to see why it didn’t work according to the warranties. Our lawyers need to review the accompanying contracts, advertising, labels, and any other writings that confirm your warranties.

We also want to answer your questions and ensure that you are seeing the doctors you need to see.

What damages can I seek due to a breach of warranty?

Our Boston product liability lawyers demand compensation for all your current and future damages, including:

• All your medical bills
• Your daily physical pain and emotional suffering
• Any lost income
• Any property damage
• Any scars or disfigurement
• The loss of bodily function
• The inability to enjoy the pleasures of life
• The loss of consortium (a separate claim that spouses may be able to file)

We also file wrongful death claims if a breach of warranty tragically takes the life of your loved one.

To discuss your right to file a product liability claim due to a breach of warranty, contact our Boston office to discuss your rights. We fight to hold manufacturers liable for all your financial and personal damages, including your medical bills, lost income, and pain and suffering.