When a person purchases a new appliance, he or she expects it to do the job that it is intended to do. However, in some cases, a defective appliance may cause damage to a person’s property through a water leak, electrical issue or other defect. In some instances, a consumer may be able to receive compensation for such damages.
Implied Warranties
Every consumer product is sold with certain implied warranties unless they are expressly disclaimed. This includes a warranty of merchantability that warrants that the product is suitable for the ordinary purpose for which it is customarily utilized. In the case of a dishwasher, this would be to wash dishes. This warranty extends even if the manufacturer is not the actual seller to the consumer. The manufacturer still has this duty by placing the product in the stream of commerce. This warranty only requires that the product be merchantable at the actual time of sale.
Another implied warranty is the fitness for a particular purpose. This warranty states that the product is fit for the customary purpose of the product for a reasonable time after the sale. These warranties may overlap in some instances. For example, if the appliance did not work or caused damage the day after it was purchased, it may not have been merchantable at the time that it was purchased. However, the fitness warranty also applies because not enough time has lapsed since the purchase that it is reasonable that the product is no longer functioning correctly. What is considered reasonable is determined on a case-by-case basis.
Coverage of Warranties
These two warranties do not cover all types of damage or protect against every potential mishap. For example, if the appliance is not installed correctly and the imbalance is what causes water damage, this is likely not covered within the warranty. Likewise, if the owner did not follow the instructions properly, the warranty probably does not apply. Abuse, misuse or incomplete maintenance are also not covered under these warranties.
Instead, the warranties provide against problems related to the manufacturing, design or engineering of the product, such as those that would cause a defect that affects an essential purpose of the product.
Implied warranties extend for the duration that the manufacturer has provided. If the manufacturer makes no such warranty, courts are tasked with the responsibility of determining the normal durability of the product in question.
Express Warranties
The manufacturer may also provide for certain express warranties as part of the packaging or as part of the selling process to the consumer. The manufacturer must comply with these warranties.
Disclaimers
However, manufacturers may disclaim certain warranties. To disclaim implied warranties, the manufacturer must mention that it is disclaiming merchantability or fitness in a conspicuous location.
Likewise, some merchants may state that the consumer agrees to hold it blameless for consequential damages. Consequential damages can be anything that extends beyond the product itself that do not stem directly from the defect. These damages often exceed the cost of repairing the defective product. Alternatively, the purchase contract may provide only for a specified amount of liquidated damages that may pale drastically in comparison to the losses that the consumer suffered. Consequential damages must usually be of the type that would be normally contemplated by the parties in question in order for them to be awarded.
Insurance Coverage
In some cases, water damage caused by an appliance, sewer or drain backup or other accident may be covered by homeowner’s insurance. If this is not part of the standard coverage, it may be available through an add-on. Some insurance companies may require that the homeowner acquire a special certificate after handling the source of the problem before they will provide coverage for a future incident.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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