Warranty Breach and Defective Products

When you buy a product with a warranty, you expect that the manufacturer will stand behind the reliability, performance and quality of their product. When they don’t, we hold them accountable for their failure to honor their warranty and get you compensation for the financial or physical harm you suffered. That’s what a breach of warranty lawsuit is: a legal action that makes a company liable for damages when they don’t live up to the terms of an agreement—usually a guarantee that they will repair, replace or refund the purchase price of their defective product.

A product may be considered defective if it:

  • Was in a damaged condition when it was purchased
  • Is not fit for its intended purpose, even if it is not damaged or defective
  • Is not what the packaging, label, contract, or seller states it is
  • Does not work or function as promised
  • Doesn’t meet the reasonable expectation of the ordinary purchaser

How a breach of warranty lawsuit works, and how it benefits you

Unlike many lawsuits, a breach of warranty action does not require negligence to be proven; only that the manufacturer or seller of the product is notified that they are being held accountable for the breach of warranty. Warranties generally fall into one of three categories:

  • Express warranty is one in which the manufacturer/seller specifies the extent to which a product is under warranty. For instance, the compressor in a refrigerator may be warrantied for five years.
  • Implied warranty of merchantability means that product conforms to the average buyer’s expectations (unless being sold “as is” or “with all faults”).
  • Implied warranty of fitness for a particular purpose means that the seller is guaranteeing that a product is fit for a particular purpose.

The Magnuson-Moss Warranty Act (MMWA) is a federal law that requires sellers and manufacturers of consumer products to offer clear and detailed warranty coverage information on products costing more than ten dollars. It also makes it easier to bring a lawsuit against the manufacturer/seller of a defective product when that product was not replaced or repaired within a reasonable time. Whether under this federal law or under state law, you may be entitled to compensation when manufacturers and sellers fail to live up to their implied or stated promises.

With four decades of experience in breach of warranty lawsuits, we offer trial-tested attorneys who will aggressively pursue a claim on your behalf while also treating you with the kind of client service you deserve.

Contact us to discuss your case

We represent you and fight for your best interests in breach of warranty and defective products lawsuits.To discuss your case with one of our skilled lawyers, please call us at 610.477.8380 or contact us at leads@shublawyers.com. We understand the importance of your concerns and are operational and available for consultation during the COVID-19 crisis.


  • This field is for validation purposes and should be left unchanged.