A product liability claim may be based on breach of warranty. A manufacturer may be liable under Washington products liability law even in the absence of design defects, construction defects, or a failure to warn if the product fails a warranty. A warranty may be expressed or implied.
A product fails an express warranty if the express warranty is “made part of the basis of the bargain and relates to a material fact or facts concerning the product and the express warranty proved to be untrue”.
An implied warranty is determined in the same manner as under the Uniform Commercial Code.
There must be privity of contract between buyer and seller, or advertising or direct communication to create a reliance on representations from the manufacturer. A breach of warranty product liability claim may fail if the product was a gift received without communication of express warranty to the recipient.
This information is not a substitute for legal advice. For advice about an products liability or other injury claim feel free to contact us.
 RCW 7.72.030(2)(b).
 Thongchoom v. Graco Children’s Products, Inc., 117 Wn.App. 299 (2003); Tex Enterprises, Inc. v. Brockway Standard, Inc., 149 Wn.2d 204 (2003).