In professional services such as those provided by doctors, lawyers, architects, engineers, and dentists, there may be a warranty or guarantee of the quality of the services made or implied by law even when there is no express warranty written or stated. And in some states implied warranties cannot be disclaimed by the service provider.
Laws vary from state to state and some state laws recognize implied warranties in professional services and some do not. In states that do not recognize implied warranties in professional services, claims regarding the quality of professional services are generally analyzed as malpractice claims based on the professional’s alleged negligence in failing to meet the standard of care—generally a reasonably prudent and capable professional for the particular profession under the same or similar circumstances.
Laws regarding implied warranties in the provision of professional services may be located in a state’s court opinions (common law or case law) or in its statutes.
In Utah, the concept of implied warranties in professional services is not explicitly recognized in the same way as it is for goods. Instead, issues concerning the quality of services provided by professionals such as doctors, lawyers, architects, engineers, and dentists are typically addressed through malpractice claims. These claims are based on the premise that the professional failed to exercise the degree of care and skill that is ordinarily expected of a reasonably competent practitioner in that field, under similar circumstances. This standard is known as the 'standard of care.' If a professional in Utah fails to meet this standard, they may be held liable for negligence. It is important to note that while there may not be a statutory implied warranty for services, professionals are still expected to perform competently and may be subject to malpractice claims if they do not. The specifics of these claims and the standard of care applicable are often derived from Utah's case law rather than statutory law.