What is a Breach of Warranty?

In the state of North Carolina Chapter 99B of the North Carolina General Statutes sets forth the rules for product liability claims when a defective product is sold. Chapter 99B explains the circumstances under which a victim can pursue a claim when physically or financially harmed by a defective product. This Chapter also explains the types of legal arguments a victim hurt by a defective product must make in order to obtain compensation.

Chapter 99B does not specifically give victims harmed by defective products the right to pursue damage claims when a product malfunctions in breach of an express or implied warranty. However, the relevant Chapter does make clear that the legal claims for defective products outlined within it do not prevent product liability claims based on warranty breaches.

Victims hurt by defective products in North Carolina are allowed to make claims arising out of both express and implied warranties. An express warranty is an explicit guarantee by the manufacturer. For example, a manufacturer may promise that a computer monitor is warrantied to continuing displaying a picture for at least one year. Implied warranties are not expressly stated but are imposed by law. For example, there is generally an implied warranty that products will work for the intended purpose for which the product is sold.

If a victim wishes to pursue a claim against a product manufacturer based on a product defect, the victim will need to prove that a breach of express or implied warranty occurred and caused some type of damage or loss. A Charlotte personal injury attorney can help product users to pursue a claim for damages arising from a breach of warranty.