Breach of Warranty Under Ohio Product Liability LawAugust 20, 2018
Under Ohio law, consumers have several protections against a breach of warranty by a product manufacturer. This makes a lot of sense. Consumers often purchase products relying on the manufacturers assurances regarding what the product can do. When a manufacturer’s assurances are false or inaccurate, consumers suffer and manufacturers unjustly profit.
In the area of product liability law, protections for consumers can extend beyond breach of warranty claims. Those injured by manufacturers’ breached warranties may be entitled to compensation, but does there need to be a warranty to file a product liability law suit?
What is a Breach of Warranty?
First things first: what is a breach of warranty? Generally speaking, a breach of warranty occurs when a party (here, a manufacturer) promises that a product has certain features or performs certain functions, but the product does not in fact possess those features or perform those functions.
A breach of warranty can occur regardless of intent; that is, if the product does not meet the promised description, a breach of warranty exists regardless of whether the manufacturer intended to deceive the consumer.
What Does Ohio Product Liability Law Say About a Breach of Warranty?
The applicable section of the Ohio Revised Code Section 2307.77 states as follows:
Product conforming to representation made by manufacturer.
A product is defective if it did not conform, when it left the control of its manufacturer, to a representation made by that manufacturer. A product may be defective because it did not conform to a representation even though its manufacturer did not act fraudulently, recklessly, or negligently in making the representation.
According to the Ohio statute, then, a breach of warranty—a broken promise about the capabilities of a product—renders a product defective for purposes of a product liability law suit.
Ohio Product Liability Law is Not Limited to Breach of Warranty Claims
What is notable about Section 2307.77 is that it does not limit itself to “breach of warranty” but instead applies to all representations made by a manufacturer. There does not need to be any particular language or designation of a statement as a warranty.
Consumers are entitled to believe manufacturers’ representations about their products. Manufacturers, likewise, are required to make only confirmed, accurate statements about the abilities and qualities of their products. If they fail in this requirement, their products are considered defective and consumers may be entitled to compensation under Ohio law.
Ohio Product Liability Lawyers are Available to Help You
Breach of warranty and representation claims are a small percentage of product liability lawsuits. More often, defective design, manufacture, and assembly cause injury to unsuspecting consumers. Regardless of the type of defect, if you or a loved one suffered injury or wrongful death as the result of a consumer or commercial product, you may be entitled to compensation for your injuries.
Practicing Ohio product liability law for more than three decades, Lowe Scott Fisher Co., LPA’s lawyers have received national acclaim for protecting consumers injured by dangerous products, vehicles, and medical devices. Call or email now to schedule your free consultation and find out how we can fight for you.
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