Product Warranty Liability in Florida
Product warranty liability in Florida allows buyers to recover damages when products fail to conform to express or implied warranties, with specific rules governing disclaimer, privity, and available remedies.
Privity Requirement
Florida generally requires privity of contract for implied warranty claims, meaning the buyer must have purchased directly from the seller. Exceptions exist for personal injury claims and third-party beneficiaries under Section 672.318. This privity requirement distinguishes warranty claims from strict liability and negligence theories, which do not require a contractual relationship.
Disclaimer and Limitation
Florida allows manufacturers to disclaim implied warranties through conspicuous, specific language. Express warranties that formed the basis of the bargain cannot be disclaimed. Contractual limitations on remedies (such as limiting recovery to repair or replacement) are enforceable unless they fail of their essential purpose or are unconscionable.
Related Terms
- Product Warranty Defect
- Product Liability
- Contract
Barnes Walker Litigation
Barnes Walker handles product warranty disputes in Florida. Contact us for litigation guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC