Don’t confuse a “breach of warranty” product liability claim with a claim for an item’s replacement or repair under warranty.
When you buy a consumer product, you presume that it has been sold in good faith and will perform as expected.
To sue on a breach-of-warranty basis, a plaintiff is claiming – and must prove – that he or she was injured because the warranty was false or inaccurate.
In some product liability cases, consumers in Massachusetts may also claim legal protection under the Massachusetts Consumer Protection Act, which prohibits businesses in this state from engaging in unfair or deceptive acts or practices.