Frischhertz Poulliard Frischhertz & Impastato LLC

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Implied warranties and product liability

New Orleans consumers are probably familiar with the express warranties that protect the purchasers of many consumer products. In these warranties, the manufacturer will often agree to repair or replace faulty consumer items free of charge within a designated period of time. But did you know that there might be other implied warranties that protect purchasers and users?

Depending on the circumstances, buyers may be protected by warranties of merchantability and fitness for a particular purpose. These warranties need not be expressly provided for in the documentation provided with a consumer product. Rather, these warranties may exist unless the manufacturer has expressly disclaimed them. This could be done by specifying that the product is being sold as-is.

The implied warranties mean that a product offered for sale in the marketplace must be merchantable and fit for the purpose required. For example, a frying pan should be fit to prepare food with, and an automobile should be fit to use for the purpose indicated by the manufacturer. If these conditions have been breached, the manufacturer may be liable under the implied warranty.

If the breach of a warranty either express or implied results in injury to a user of a consumer item, the injured person may be able to bring a products liability case in court. The manufacturer or any seller in the distribution chain could potentially be held liable. This is to encourage all parties responsible for distributing products to monitor their safety actively. If you or a loved one has been injured by a dangerous product, it is important to understand that there are recourses available for the damages and losses suffered.

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