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 West Virginia (WV), the concept of implied warranties in professional services is not explicitly recognized through statutes as it might be in the sale of goods. Instead, the quality of professional services provided by doctors, lawyers, architects, engineers, and dentists is typically addressed through the lens of professional malpractice. Malpractice claims in WV are based on the allegation that a professional failed to exercise the degree of care, skill, and learning required or expected of a reasonable, prudent professional in the field under similar circumstances. This standard is derived from common law principles rather than specific statutory warranties. If a professional in WV fails to meet this standard, they may be held liable for damages resulting from their negligence. It is important to note that while express warranties can be made by professionals regarding their services, the concept of an implied warranty guaranteeing the quality of services is not a recognized legal doctrine in WV for professional services as it is with goods under the Uniform Commercial Code.