Breach of Warranty

A breach of warranty occurs when a product fails to live up to a promise the seller or manufacturer made about it, either a stated promise (express warranty) or a promise the law assumes (implied warranty, such as that the product is reasonably safe for its intended use). In asbestos cases, this becomes a legal claim that the company sold a product that did not perform as promised because it caused disease.

Origin

"Warranty" comes from the Old French warantie, meaning a guarantee or protection. Breach of warranty was formalized in U.S. commercial law through the Uniform Commercial Code (UCC), adopted by most states beginning in the 1950s, which codified both express warranties (Section 2-313) and implied warranties of merchantability and fitness (Sections 2-314 and 2-315).

Significance in Asbestos Context

For patients, breach of warranty is one of several legal theories your attorneys may include in your complaint alongside negligence and strict liability. It can be especially useful when a manufacturer advertised an asbestos-containing product as "safe," "non-toxic," or suitable for a particular use, statements that became express warranties the company then broke. Implied warranty claims can also apply because asbestos products that cause disease are, by definition, not fit for ordinary use. These claims sometimes face deadlines (statutes of limitations) and notice requirements that differ from injury claims, which is why your legal team will plead multiple theories to protect your right to recover.

Example Sentence

The complaint included a breach of warranty count because the manufacturer's product literature had described the insulation as safe for installers to handle without respiratory protection.

Related Terms

Express Warranty, Implied Warranty, Strict Liability, Product Liability, Negligence, Statute of Limitations

Notes

• Save any old product brochures, labels, instruction sheets, safety data sheets, or advertisements you or your family kept. These can establish the exact promises a manufacturer made about an asbestos product.
• Tell your attorney about any verbal assurances of safety you remember from supervisors, salespeople, or training sessions; these can support an express warranty claim.
• Ask your legal team whether warranty claims in your state carry shorter deadlines or special notice requirements than personal injury claims, so nothing is lost procedurally.
• Warranty claims are often pled alongside negligence and strict liability. You do not have to choose one theory, and different theories may apply to different defendants.