Product Warranty and Consumer Protection

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Student’s Name:
Professor’s Name:
Product Warranty and Consumer Protection
Consumers need to know about product warranties before they purchase the item.
Product warranty can either be implied or expressed. Furthermore, it is essential for a plaintiff to
be aware of what they should prove to succeed on cases regarding product liability. The paper
looks into one of the product warranty, and significant protection acts learned in the module.
The paper demonstrates the concepts using a faulty iron case as an example. It provides
an example of an implied warranty. Having purchased the flat iron for hair straightening, it
turned out to be defective when she was dressing despite it being new (Henson n.p). The iron
was new. Thereby, it was expected to work correctly which forms the basis of an implied
Stephanie Price v Chesebrough Ponds USA provides an example of a case involving a
flat ironing. The plaintiff was Stephanie Price. She had sustained injuries on the body when her
hair caught fire. She was using an oven to heat a curling iron. She claimed that the products were
There are conditions that a plaintiff should proof in a product liability case. A plaintiff
should evidence that the product was sold in a defective state (Miller and Gaylord 393). For
example, the flat iron had a flaw in its design which caused it to have sparks and smoke while
still new. There must be a proof that the goods were sold in the course of business. It means that
the plaintiff should provide evidence that the seller deals with the product.
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Products sold should be used for the purpose they were made and in a proper manner.
Therefore, a plaintiff should be able to show that they were using a product in the way
anticipated. For example, to prove a case for the flat iron, the plaintiff is required to prove that
she was using the flat iron to straighten her hair and not for any other purpose. Another proof to
be shown is an injury caused or loss suffered as a result of the defective product. In the case of
the defective iron, the plaintiff may not succeed in the case as they did not suffer any loss
although the product posed a threat their lives. All the conditions must be proved to succeed in a
product liability case.
An example of a consumer protection act is Consumer Product and Safety Act (CPSA).
The consumer protection law protects the public against unreasonable risks connected to the
product. It sets uniform standards for the consumer products which helps consumers evaluate
comparative safety of different products. Hence, CPSA is incredibly useful because it has
promoted research into the causes of product-related deaths. As a result, it has significantly
reduced deaths related to products.
Consumer protection acts decrease a company’s liability. Consumer protection has
played a vital role in reducing company’s liability. It shields companies from unexpected costs
(Griffiths 40). For example, it shields construction companies from unpredictable costs
associated with innovation. Regulations set in the acts forces companies to produce standard
products that are safe lowering the probability of liability cases.
All in all, knowledge of warranty and consumer protection acts is fundamental. Every
product has a warranty attached to it which can be implied or expressed. Consumers should be
able to prove some conditions like injury and defect to succeed in a product liability case.
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Consumer protection acts are essential as they protect the public against risks related to products
and at the same time reduce company’s liability.
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Works Cited
Griffiths, Andrew. Contracting with Companies. Oxford: Hart, 2005.
Henson, David. What Causes Liability? HensonFuerst, 2011. Retrieved from Accessed 20 April 2018.
Miller, Roger L. R, and Gaylord A. Jentz. Business Law Today: The Essentials: Text &
Summarized Cases-E-Commerce, Legal, Ethical, and International Environment.
Australia: Thomson/South-Western West, 2008.

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