How to handle an implied warranty dispute

A breach of implied warranty could lead to a civil dispute. An implied warranty suggests the use of a product for ordinary and reasonable purposes. It states the item is appropriate for such uses even without an express or written warranty.

If someone recently breached an implied warranty and caused you damages in Arizona, that person may owe you restitution. It may take a lawsuit to protect your rights as a consumer, as well as to obtain any compensation the entity may owe you.

Understanding implied warranties

An implied warranty is a legal guarantee, often made by the item's manufacturer, that promises certain things. It may state that the purchaser can receive free repairs or replacements if the product fails. It may also imply that the buyer has the right to expect the item to operate as it should. If the manufacturer breaches its implied warranty to a consumer, it could owe the consumer recompense for damages.

Filing a civil claim for breach of implied warranty

In Arizona, the statute of limitations gives you two years to file a civil claim against a person or entity in pursuit of damages for a personal injury arising due to a breach of implied warranty. This includes the following damages from defective products:

  • Medical expenses
  • Out-of-pocket costs
  • Legal fees
  • Lost income
  • Emotional pain and suffering

The state does not place a cap on the collection of damages in most cases. Bringing a product liability claim on the grounds of breach of implied warranty could help you hold the manufacturer accountable for its wrongdoing. It could also help you move forward after an incident involving a dangerous product.

Exposing a breach of duty

In general, no business can protect itself 100% from legal liability. However, a company may minimize the odds of lawsuits with sound business practices and written policies. An implied warranty could expose a company to liability due to the lack of an express contract. With either type of warranty, if a company breaches its duties to you, it may owe you compensation.

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