Products Liability
PRODUCT LIABILITY OVERVIEW
Most defective product claims fall into one of three broad categories: negligence, strict liability, or breach of warranty.
NEGLIGENCE
Any individual involved in the design, manufacture, or distribution of a product has a duty to provide a safe product. If one of these individuals fails to exercise reasonable care, and their action (or inaction) results in injury, he or she can be held liable. Negligence claims under product liability law include design errors, careless mistakes in the manufacturing of a product, and failure to warn consumers of the dangers associated with a product.
STRICT LIABILITY
While negligence claims require proof that a party acted unreasonably, strict liability claims hold a manufacturer, supplier, or retailer responsible for injuries caused by a defective product regardless of fault or intent. If a product is determined to be unreasonably dangerous to consumers, and injury results from using the product, the mere fact that the product is defective is sufficient to hold the responsible parties liable in a court of law.
BREACH OF WARRANTY
Breach of warranty essentially means that a party violated their own guarantee. Under product liability law, breach of warranty claims may arise when manufacturers, suppliers, or retailers break either an express or implied promise to consumers that a product is free of defects.
WHAT TO DO IF YOU'VE BEEN INJURED
If you sustained a serious injury as a result of a defective product, you should immediately seek medical attention. Also, maintain physical possession of the product and any medical records as evidence. Please keep a record of any witnesses to the accident, and their contact information. Our experienced product liability lawyers and other experts will need to examine the product, as well as any and all warning labels, product instructions, and witness statements to provide a proper legal assessment.
HOW DO I KNOW IF HAVE A CLAIM?
Companies that design, manufacture, and distribute products to the public have an obligation to ensure that their products are safe for consumers. If you or someone you love has suffered an injury because a consumer product was defective, you may be eligible for financial compensation which include medical bills, lost wages and other damages. However, proving fault in a product liability lawsuit can be a very complicated process as you prove that the victim’s injuries were the result of negligence caused by the manufacturer or other responsible party. Additionally, the defendant will likely have extensive resources and will vigorously defend their interests in court. For the best chance of obtaining the compensation that you deserve, seek the services of our experienced and aggressive product liability lawyers, and please call 347-886-9472
WHAT OUR PRODUCT LIABILITY ATTORNEYS CAN DO FOR YOU
Our experienced product liability lawyers can provide you with expert legal counsel so that you can make educated and informed decisions about how to pursue your claim, and can aggressively represent you during the course of your legal proceedings. Though the compensation you may receive is dependent on a number of factors, you may be eligible to obtain compensation for medical bills, rehabilitation costs, inhibited earning capacity, loss of wages, and pain and suffering if you have been injured by a defective product. If a loved one has been killed by a defective product, your family may be able to obtain compensation for funerary costs, medical costs, loss of future wages, pain and suffering, and a loss of companionship.
ELEMENTS OF A PRODUCT LIABILITY LAWSUIT
To have a product liability case, the victim must be able to prove that:
- The product was unreasonably dangerous or defective
- The victim suffered an injury
- That injury was caused by the product defect
PROVING YOUR INJURY
The injured individual should collect medical records, photographs, and hospital bills to prove that the injury occurred and to record its severity, as the degree of harm may bear upon the type of damages the victim receives.
PROVING FAULT
A victim must be able to establish that his or her injury was caused by the negligence or action of the defendant. Depending on the circumstances of the case, the product’s designer, manufacturer, or retailer can be held liable for the victim’s injuries.
NEGLIGENCE
Under a legal theory known as negligence, manufacturers and distributors are often held responsible for injuries that occur as a result of a defective product. In order to prevail in court on a products liability claim under a theory of negligence, an injured party must prove each of the following elements:
- The defendant owes a duty of care to the plaintiff to act as a reasonably prudent person under the same or similar circumstances;
- The defendant breached that duty by failing to act reasonably;
- The breach caused an injury to the plaintiff, and;
- There is a causal link between the defendant’s breach of duty and the plaintiff’s injuries
Manufacturers of defective products may be liable for injuries if they were negligent and failed to adequately warn users about the risks associated with the product or if they included warnings that were too small or vague. Retail stores that sell defective products may be liable if they failed to warn purchasers about known risks of the products.
STRICT LIABILITY
In some cases, designers, manufacturers, or distributors may be held liable for injuries even if they acted reasonably in designing, producing, and selling the defective product. The mere fact that a product is defective and causes injuries is sufficient for an injured plaintiff to prevail in court based on a strict liability theory. Manufacturers of “unreasonably dangerous products” are held to the strict liability standard and can be held liable for any injuries that occurred as the result of using their products.
Product liability is a complex area of law. Therefore, the best way to determine whether you have a legitimate product liability claim is to contact our experienced attorneys as soon as possible after a product-related injury has occurred so our experienced attorneys can evaluate your claim and discuss your legal rights. Please call 347-886-9472
EVIDENCE IN PRODUCT LIABILITY CLAIMS
The key piece of evidence in most product liability cases is the defective product itself. Our experts, in examining the product, may be able to determine what design or manufacturing defects caused the victims injuries. Therefore, it is extremely important to maintain the defective product after you have suffered an injury so that our experienced attorneys will have it available for inspection when evaluating your claim. In the event of a trial, expert testimony will likely be provided in your case to prove that the injuries your sustained were a direct consequence of the defective product involved.
DAMAGES IN PRODUCT LIABILITY CASES
In the event that a faulty or dangerous product causes injury to a consumer, the designer, manufacturer, or distributor can be held responsible. If any one of these individuals is found liable for designing, manufacturing, or selling a dangerous or faulty product, the court can order them to compensate the plaintiff for their losses and, in certain cases, punitive damages may also be awarded.
COMPENSATORY DAMAGES
The court can award compensation to the injured party to cover the cost of any medical bills, lost wages, or property damage stemming from the dangerous or defective product. If an automobile, home, or other personal possession was damaged by the defective product, the injured party will be compensated for the property.
PAIN AND SUFFERING
If the plaintiff suffered considerable physical and/or mental anguish as a result of the injury, they can be awarded compensation for their pain and suffering.
LOSS OF CONSORTIUM
Although not applicable to every case, if the injury from a defective product caused a negative effect on the the injured parties marriage or spouse, the couple could be entitled to compensation for “loss of consortium.” This term refers to the care, companionship, sexual activity, or affection between the injured party and his or her spouse; if there is a decrease in any of these as a result of an injury sustained while using a defective product, the designer, manufacturer, or distributor could be ordered to pay additional damages.
PUNITIVE DAMAGES
In some cases, the court may want to punish the defendant for negligence and manufacturing a seriously dangerous or defective product. In these instances, punitive damages may be awarded to the plaintiff to prevent the defendant(s) from continuing to produce, market, or sell defective products. The requirements for proving guilt or fault are very specific and, therefore, are not awarded in every case.
CONTACT OUR NEW YORK CITY LAW FIRM
If you were injured as a result of a defective product, New York law may permit you to bring legal action against the manufacturer, seller, or designer of the defective product. Consumers who are injured by defective products may be unable to work, take care of themselves, or engage in their daily activities before they became injured.
NO FEE UNLESS WE WIN YOUR CASE
We give all our products liability accident clients a promise that if we do not recover monetary damages in your case, we will not charge you an attorney fee. If we take your case, we only get paid if we win your case.
If you have been injured in a products liability accident, contact us for a free initial consultation. There is no fee unless we are successful. Call 347-886-9472 or fill out our contact form for a FREE no obligation legal case evaluation. Our lawyers provide free legal advice to slip and fall victims.
To discuss your case with a personal injury lawyer established in products liability lawsuits, please call 347-886-9472 We serve all of New York, including Manhattan, Bronx, Queens, Brooklyn, Long Island, Rochester, Albany, and Buffalo.
