Breach of warranty in product liability refers to a situation where a manufacturer, distributor, or seller of a product fails to meet the promises or guarantees made about their product. There are two types of warranties that can give rise to a breach of warranty claim: express warranties and implied warranties.

An express warranty is a specific promise or guarantee made by the manufacturer, distributor, or seller about the product. This can be done through advertising, labeling, or other forms of communication with the consumer. For example, a manufacturer may advertise that their product is "100% safe" or "guaranteed to work" and if the product fails to meet these promises, it can result in a breach of warranty claim.

An implied warranty, on the other hand, is an unwritten guarantee that a product is fit for its intended purpose and is free from defects that would make it dangerous or unsuitable for use. There are two types of implied warranties: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.

The implied warranty of merchantability guarantees that a product is fit for the ordinary purposes for which it is used, while the implied warranty of fitness for a particular purpose guarantees that a product is fit for a specific use that the consumer intends to make of it. If a product fails to meet these implied warranties, it can also result in a breach of warranty claim.

When a consumer is injured or suffers damages as a result of a breach of warranty, they may be able to recover compensation for their injuries and damages. It is important to note that a breach of warranty claim is separate from a strict liability claim and negligence claim, and a consumer may pursue all of these claims simultaneously if appropriate.

Overall, breach of warranty in product liability is an important legal concept that helps protect consumers from the harm caused by products that do not meet the promises or guarantees made by manufacturers, distributors, or sellers. If you have been injured or suffered damages as a result of a defective product, it is important to seek the advice of an experienced attorney who can help you understand your legal rights and options.