When you purchase a product, your thoughts are usually focused on its functionality and whether it’s worth the price. Rarely do we find ourselves wondering whether the product is safe and reliable. This is because product safety is an expected standard in any item that is sold for human use. So, if your personal safety has been disrupted by a faulty product due to any defects, it is highly likely that you have the right to file a product liability claim. To build a strong case, you need to work closely with a skilled new york product liability lawyer who knows the ins and outs of product liability law in New York.
What is a Product Liability Claim in New York?
A product liability claim arises when a consumer is injured by a defective product. In New York, product liability is part of tort law, which allows individuals to seek compensation for injuries caused by another party’s negligence or wrongful actions.
Unlike standard personal injury claims, product liability cases focus specifically on harm caused by products. Therefore, multiple parties are involved such as manufacturers, distributors, and retailers.
To succeed in a product liability claim, you must prove that the product was defective and that this defect caused your injury. New York law recognizes three main types of defects in products; design defects, manufacturing defects, and failure to provide adequate warnings or instructions.
Each type of defect requires a different approach to proving liability. So, you need a knowledgeable personal injury law firm nyc by your side is crucial.
Defects that Qualify for Product Liability Claims in NYC
Understanding the types of defects that can form the basis of a product liability claim will help you determine whether you have a valid case. As explained earlier, there are three main categories under which products can qualify for product liability claims in NYC:
- Design Defects
A design defect occurs when a product is unsafe due to its design, even if it’s manufactured perfectly. If the design is defective, the entire product line is dangerous. For example, if a car model can roll over during sharp turns because of its design alone, anyone who owns that car is at risk.
- Manufacturing Defects
A manufacturing defect occurs when a product is safe by design but becomes dangerous due to an error in the production process. This type of defect affects only a single batch of products. Depending on the product type, the threat imposed on the public differs. For instance, a batch of medication contaminated during production has harmful side effects.
- Failure to Provide Adequate Warnings or Instructions
Even if a product is designed and manufactured correctly, it can still be considered defective if it lacks proper warnings or instructions. For example, a medication that fails to warn users of potential side effects leads to damaging effects on users. It’s the duty of the manufacturer to inform consumers of the risk.
Filing a Product Liability Lawsuit with a New York Product Liability Lawyer
Filing a product liability lawsuit in New York involves several steps. Working with an experienced car accident lawyer in New York can make the process smoother and more effective. During the initial consultation, the details of your case will be evaluated. The product will be reviewed along with your injuries and any evidence you have gathered.
Afterwards, an investigation is conducted to collect evidence such as medical records, product documentation, witness statements, and expert testimony. Expert witnesses are contacted by your personal injury law firm NYC to prove that the product was defective.
The medical malpractice lawsuit is filed on your behalf by your New York product liability lawyer. In most cases, defendants offer a settlement to avoid going to trial. Your accident lawyer will negotiate to ensure you receive fair compensation.
If a settlement cannot be reached, the case goes to trial where your product liability lawyer will present evidence in front of a judge or jury to prove the product was defective. In this case, the court will determine the compensation you are entitled to.
Proving a product liability case in New York can be challenging, but with the right legal guidance, it’s possible to secure the compensation you deserve.
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