Family Health Legal Library

Typical Consumer Problems

Breach of a Warranty

When warranties are not honored, this may allow you to sue a party who gave you a warranty especially if you have already paid for services. Remember, however, if you have paid $30 for a toaster, used the toaster every day for a year and a half, and then the toaster breaks and the warranty is not honored, you may not be able to recover your entire $30. While you should, of course, ask for it in a lawsuit, a judge will likely determine the value of the toaster on the date it broke and possibly award you only a portion of the value of the toaster.

To recover on a breach of warranty case, you must provide the warranty. You might fully expect the other party to conveniently "forget" to bring the warranty to court or to argue that there was no warranty, or even to bring a warranty from some other product which is more favorable to their side. It is not their burden to bring the warranty to court. It's yours.

The Small Claims and Consumer Help Library details how to obtain several different complete discussions on warranty problems, including when you should pursue the matter, and exactly how to present your case in court.

Typical Consumer Problems
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