How To Prove A Florida Breach of Express Warranty Claim
In Florida, a claim of Breach of Express Warranty is defined as:
A breach of express warranty occurs when a seller promises that goods will conform to a certain standard, and the promise becomes part of the basis of the bargain, and the defendant does not keep his or her promise.
It simply means:
When the product doesn’t conform to the warranty or promises made by the seller.
There are 5 elements of the claim:
- Element 1. There was a sale of goods between the parties. A sale of goods between the parties means that one person sold a product to another, creating a legal agreement where the seller promised certain qualities or features of the product that must be met.
Facts that might support this element look like:
* The plaintiff purchased a set of kitchen appliances from the defendant’s store on March 15, 2023.
* The defendant provided a written invoice detailing the sale of the appliances, including their model numbers and prices.
* The appliances were delivered to the plaintiff’s residence on March 20, 2023, as per the agreed terms.
* The plaintiff made full payment for the appliances via credit card at the time of purchase.
* The defendant advertised the appliances with specific performance claims that influenced the plaintiff’s decision to buy. - Element 2. The seller made an affirmation of fact, promise, description, or provided a sample or model related to the goods. In a breach of express warranty claim, the seller made a clear statement, promise, or provided a sample about the product that was meant to assure the buyer of its quality or features.
Facts that might support this element look like:
* The seller explicitly stated that the product was made from 100% organic materials during the sales presentation.
* The seller provided a sample of the product that was labeled as “premium quality” and assured the buyer it would meet their expectations.
* The product description on the seller’s website claimed that the item was “guaranteed to last for five years under normal use.”
* The seller promised that the appliance would reduce energy consumption by at least 30%, as stated in the promotional materials.
* During negotiations, the seller assured the buyer that the product would perform at a specific capacity, which influenced the buyer’s decision to purchase. - Element 3. The goods did not conform to the express warranty provided by the seller. The goods did not match the specific promises or guarantees made by the seller about their quality or features, meaning they failed to meet the standards that were clearly stated before the purchase.
Facts that might support this element look like:
* The seller explicitly stated that the product would be waterproof, but it leaked during the first use.
* The item was advertised as having a two-year battery life, yet it failed after only six months of use.
* The seller provided a warranty that the product would be free from defects, but it arrived with visible damage.
* The product was marketed as being made from organic materials, but testing revealed the presence of synthetic chemicals.
* The seller assured that the item would fit standard sizes, but it was significantly smaller than advertised. - Element 4. The buyer gave proper notice to seller of the breach. The buyer informed the seller in a timely manner about the problem with the product, letting them know that it didn’t meet the promised standards, which is an important step in claiming a breach of express warranty.
Facts that might support this element look like:
* The buyer sent a written notice to the seller detailing the specific breach of warranty within the timeframe specified in the contract.
* The buyer provided photographic evidence of the defective product along with the notice to substantiate the claim of breach.
* The buyer’s notice included a request for remedy, clearly indicating the buyer’s intention to resolve the issue.
* The buyer followed up with a phone call to the seller to confirm receipt of the written notice and discuss the breach.
* The buyer documented all communications with the seller regarding the breach, ensuring a clear record of notice was maintained. - Element 5. The injuries sustained by the buyer resulted from the breach of the express warranty. The buyer got hurt because the product didn’t work as promised, which means the seller broke their guarantee about the product’s quality or safety.
Facts that might support this element look like:
* The buyer purchased the product based on the seller’s explicit claims regarding its durability and performance.
* Upon using the product, the buyer experienced significant malfunctions that contradicted the seller’s warranty.
* The buyer’s injuries directly resulted from the product’s failure to meet the promised specifications outlined in the warranty.
* The seller was aware of the product’s defects prior to the sale but failed to disclose this information to the buyer.
* The buyer incurred medical expenses and lost wages due to injuries caused by the defective product, which was covered by the express warranty.
(See Dunham-Bush, Inc. v. Thermo-Air Serv., Inc., 351 So.2d 351, 353 (FL Dist. Court of Appeals, 4th Dist. 1977). Florida Statute 672.313.)
If you’re in court without a lawyer and plan to assert a Claim of Breach of Express Warranty, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively advocate for your rights.
Prove Your FL Breach of Express Warranty Claim
U.S. Civil Cases Only