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David H. Schwartz May 14, 2020

A warranty is a contractual term that refers to the condition, quality, or character of a product at the time of sale. A warranty may be drawn up according to party negotiations or in compliance with the laws that govern warranties. If a seller breaches the warranty, the buyer may have multiple options for filing a claim or a lawsuit.

The Law Offices of David H. Schwartz serves the needs of clients in Oakland, Alameda County, San Joso, Santa Clara, San Mateo, and the greater San Francisco Bay Area.

Two Types of Warranty Lawsuits

In these types of liability cases, there are two types of lawsuits: express and implied. It is important to understand the differences. 


An express warranty is any characteristic that the seller represents to the buyer about the service or product they provide. Express warranties are a component of a sales contract. If the seller breaches an express warranty, the buyer can file a claim or lawsuit against the seller for breach of contract.

Elements in an express warranty case may include:

  • The plaintiff purchased a product.

  • The defendant gave an express warranty by way of a description of the product, a promise, or a fact.

  • The product failed to perform according to the seller’s description.

  • The plaintiff suffered some form of financial or personal damages as a result of the breach of contract.

An express warranty can be either verbal or written. The seller, in effect, guarantees that the product will live up to the buyer’s expectations based on the seller’s claims. If the product fails in this regard, the seller is liable for fixing or replacing the product.

Implied Warranty

An implied warranty ensures that the product is safe and will not bring harm to the buyer if the buyer uses the product as intended. According to the Uniform Commercial Code (U.C.C.), the buyer understands the purpose of purchasing the product, and they are relying on the seller’s judgment to provide an appropriate product for that purpose.

Elements in an implied warranty case may include:

  • The plaintiff purchased a product.

  • The plaintiff used the product as the defendant intended.

  • As a result of using the product, the defendant was injured.

  • The injury occurred as a result of a defect or other issue with the product.

  • The plaintiff suffered some form of financial or personal damages related to the injury.

Federal laws state that the product is sellable if it conforms to the standards of trade as applicable to the contract for sale. In other words, they must be fit for the purpose in which they are purchased. The product must also be packed and labeled for sale, as well as meet the specifications that are displayed on the package label.

Filing a Lawsuit in a Breach of Warranty Case

A seller who breaches an expressed or implied warranty may be liable for damages that range from multiple financial losses in an express warranty breach case to injuries, medical expenses, lost wages, or pain in suffering in a breach of an implied warranty. Victims of warranty breaches may be able to recover their damages by filing a claim or lawsuit against the seller/defendant.

A business litigation attorney can represent either the plaintiff or the defendant in these types of cases. The lawyer’s role is to determine whether the seller breached either an expressed or implied warranty or how much the defendant owes the plaintiff in damages.

Get Help from a Commercial Litigation Attorney in the San Francisco Bay Area

The Law Offices of David H. Schwartz provides comprehensive legal services in cases involving expressed and implied warranties. With a track record of notable cases with satisfying results, David is an experienced and skilled attorney that is committed to defending the rights of companies. The Law Offices of David H. Schwartz serves clients in Alameda County, Oakland, Santa Clara, San Mateo, San Jose, and throughout the greater San Francisco Bay Area.