While no one should ever suffer harm after using a product they purchase, this happens far too often in the United States. If this has happened to you or a loved one, the product liability attorneys with Dyer, Garofalo, Mann & Schultz could help you file a breach of warranty lawsuit.
The following is a look at product warranties and how manufacturers and others may be liable if someone suffers an injury. You’ll also learn how a skilled breach of warranty lawyer can fight giant corporations and their high-powered legal teams to help victims obtain the compensation they deserve.
Consumer product malfunctions kill more than 20,000 people in the United States yearly and injure millions of others. When manufacturers produce harmful products or know that a product is defective and does nothing to protect users, Ohio law allows victims to take legal action.
But this action isn’t limited to manufacturers. Victims can also sue suppliers if they know a product is dangerous yet choose to sell it in their stores or online.
Know you only have two years to file a lawsuit in Ohio. This is known as the “statute of limitations.” If the statute expires, you won’t have any way of obtaining the compensation you deserve for the harm you’ve suffered.
A breach of warranty occurs when a product fails to meet the promises or guarantees made by the manufacturer or seller regarding its quality, safety, or performance. Warranties can be express or implied. The following is a brief look at each.
Express warranties are promises made by the manufacturer or seller about the product’s characteristics, performance, or quality. Manufacturers convey these warranties through various means, including verbal statements, written documentation (such as product labels, packaging, or user manuals), advertisements, or promotional materials. For example, if a manufacturer claims their blender can blend ice without dulling the blades, this constitutes an express warranty.
Manufacturers and suppliers don’t explicitly state implied warranties. The law imposes these warranties to protect consumers.
There are two primary types of implied warranties: the warranty of merchantability and the warranty of fitness for a particular purpose. The warranty of merchantability guarantees that the product is fit for its ordinary purpose and is of average quality. The warranty of fitness for a particular purpose ensures that the product will meet the buyer’s specific needs or requirements.
Under Ohio law, a breach of warranty – a broken promise regarding a product’s capabilities – is grounds for a product liability lawsuit. This means victims can seek compensation for damages resulting from the defective product, including medical expenses, lost wages, pain and suffering, and other losses incurred due to the injury.
You should consider pursuing this form of legal action for several compelling reasons. Here are just a few:
A product liability lawyer with Dyer, Garofalo, Mann & Schultz can help you achieve justice. We can thoroughly investigate the circumstances surrounding the injury and gather evidence to establish the breach of warranty. This may involve reviewing product specifications, testing results, manufacturing records, and any available documentation of the warranties provided with the product.
Once we’ve established the breach of warranty, we can pursue legal action against the responsible parties, which may include the manufacturer, distributor, retailer, or any other entity involved in the product’s supply chain. We’ll work to hold these parties accountable for their negligence or failure to uphold their obligations under the warranty.
One of the challenges in these cases is facing off against large corporations and their formidable legal teams. These companies often have vast resources and experienced attorneys, making it difficult for victims to assert their rights effectively. However, an experienced product liability lawyer knows how to level the playing field.
We’ll use the facts of the case to build a compelling argument demonstrating the defendant’s liability for the breach of warranty and the resulting harm. This may involve presenting evidence of the defective product’s design flaws, manufacturing defects, inadequate warnings or instructions, or other factors contributing to the injury. We’ll also use effective legal strategies to counter the opposing party’s arguments and fight for your rights.
Your attorney will seek to negotiate a fair settlement with the defendant or their insurance company, aiming to secure maximum compensation without needing a lengthy legal battle. If the defendant refuses to settle, we’ll be prepared to litigate the case in court, presenting the evidence and making convincing arguments to help you obtain a favorable outcome.
By leveraging our experience, resources, and skills, the attorneys with Dyer, Garofalo, Mann & Schultz can help level the playing field against large corporations and their high-powered legal teams. Our team will work to ensure you have a fighting chance to obtain the compensation you deserve.
Schedule a free case evaluation by contacting us online or calling 1.937.222.2222 today.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
Keep up to Date with Our Newest Firm Updates
Lift trucks are also known as forklifts and have become very essential equipment in many industries. These are the sites that employ heavy lifting, transporting, and placing of materials in […]
In most cases, being involved in a car accident throws victims into confusion and stressful moments. Victims often grapple with questions about their next steps, legal obligations, and how to […]
It is common to experience shock and confusion after a motorcycle accident, not knowing what to do next. At this time, you need to stay calm and ensure your safety. […]
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
