Legal Question in Product Liability in Florida

Defective Product

I am a pilot and I have purchased a wrist watch to use for my flights back in July. It costed about a grand and it came with a manufacturer's warranty for 2 years. Unfortunately, the watch started to malfunction (a problem with the movement) after a month of use so I have sent to the repair center of the watch maker. The watch came back after a month; however, the same problem started to exist after few weeks. Also, when the came back with scratches.

I have been calling the manufacture to return the watch for a refund but they are saying they can not make the refund and they can only repair the watch. I do not want to send the watch for another repair because I'm afraid the watch will malfunction again and also there will be risk of getting more sratches on the repair. Also, I do not want to use a watch that is that could malfunction anytime. The watch has been very unreliable (not showing correct time) and has been affecting my training of my flight. Is it possible to recieve a refund from the manufacturer? I appreciate any help. Thank you


Asked on 10/23/08, 10:50 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Defective Product

Possible, but look at the terms of the warranty. It may provide only for repair. Take it back to whomever you bought it from. They sold you the watch that doesn't work.

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Answered on 10/25/08, 6:56 pm


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