In Florida, a cause of action for breach of an express warranty is governed by the Uniform Commercial Code (UCC). Under the UCC, one of the ways in which an express warranty is created is by an affirmation of fact or promise, made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain. As a result, an express warranty is created that the goods will conform to the seller's promise. Therefore, if the goods fail to conform to the seller's promise, a breach of warranty will occur. A seller's breach of an express warranty will give rise to liability for damages for the plaintiff's injuries. Accordingly, if a breach of warranty occurs, a buyer must notify the seller within a reasonable time after he or she discovers or should have discovered the breach, or be barred from bringing an action. This requirement is applicable in products liability cases. However, a third-party beneficiary protected by a warranty is not a "buyer" for the purposes of the U.C.C. provision, therefore, he or she is not required to notify a remote manufacturer or distributor with who he or she is not in privity.

A West Palm Beach breach of warranty lawyer will properly plead a cause of action for the breach of an express warranty by assuring that the complaint contains the following allegations:

• Facts in respect to the sale of the goods;
  
  

  Identify the warranty created as being an express warranty;

  Allege facts respecting the creation of such warranty;

  Allege facts respecting its breach;

  Allege the giving to the seller of notice of the breach; and

  Allege the damages sustained by the buyer as the result of the breach.

  A West Palm Beach breach of warranty lawyer will also advise a plaintiff that a cause of action for breach of an express warranty is five years. Therefore, a plaintiff should not delay in consulting an experienced West Palm Beach breach of warranty lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.