Can a warranty breach result in asbestos exposure liability?

On Behalf of | Apr 7, 2023 | Asbestos |

Health problems created by asbestos can stay with you for the rest of your life. So, if a product exposed you to asbestos, you may have a claim for damages from the manufacturer. One question to answer is whether the manufacturer breached a warranty.

Violating a warranty is a form of product liability. There are two kinds of warranties, express warranties and implied warranties. Each may create grounds to hold a company responsible for selling a dangerous product.

Express warranties

An express warranty is a spoken or written guarantee that a product has a specific level of quality. In the case of an asbestos product, a warranty might state that you can use it without unreasonable risk. However, if the product exposes you to dangerous levels of asbestos and you get sick, you could claim that the manufacturer of the product breached the warranty.

Implied warranties

An implied warranty may not be as explicit as an express warranty, but it can still help you hold a company liable. Basically, an implied warranty guarantees that a product will be safe if someone uses it for its specified purpose.

An implied warranty applies to many different products, and states govern them through their commercial laws. Depending on the law of your state, an implied warranty statute could hold a company in breach of the warranty if you suffer illness from exposure to asbestos in the product.

In general, it is important to review the liability laws of the state you live in to find the best possible legal options to make a claim for harm done to your health through asbestos exposure.