Common Questions About Product Liability

What Does “Product Liability” Mean?

This area of law ensures that manufacturers, designers, and all other entities associated with the production of a product manufacture safe items and create proper warning labels and instructions. This area of law covers a wide range of products, including:

  • Toys
  • Vehicles
  • Car part manufacturers
  • Industrial products
  • Medical devices
  • Other products

Who Is Liable for the Injuries Caused by a Defective Product?

If a product injures a person or causes damage and the product manufacturer failed to properly produce or inspect the product, the manufacturer can be held responsible.

Who Would I File a Lawsuit Against if I Was Injured?

If you or someone you love was injured or killed due to a defective product, you can file a suit against the manufacturer. However, in some cases, the seller or distributor can be held liable. In other cases, consumers can file lawsuits against individuals or specific entities who were responsible for making the product safer.

What Do I Have to Prove in a Product Liability Case?

While there are different types of product liability cases in general to establish a product liability claim, you must prove the following three elements:

  1. The product was reasonably dangerous or was defective for its intended use
  2. The product defect existed before the product was distributed to the public and did not undergo proper inspection or quality control processes
  3. The product defect was the proximate cause of fatality or injury.

Another common type of product liability case stems from a failure on the part of the manufacturer to provide adequate warnings of potential danger inherent within a product. Specifically, these types of cases typically involve the proper manner in which a particular product is to be used. Aside from this distinction, these cases require the same elements of proof set forth above.

What Is Proximate Cause?

Proximate cause means that the cause is not necessarily the only cause.

Is It Difficult to Win a Product Liability Case Against a Large Manufacturer?

Most often, large product manufacturers are backed by extensive resources to defend them from the claims of injured victims. For this reason, injured victims or their family members should retain an experienced product liability lawyer before filing a claim. A seasoned attorney will be able to gather evidence and develop a strong legal strategy in order to pursue compensation for your damages.

Can I Still File a Lawsuit Even Though the Manufacturer Provided a Product Disclaimer or Warning?

A disclaimer does not necessarily shield the manufacturer from liability if a person suffers injury. If the disclaimer, instructions, or warning labels were insufficient, you may still be able to hold the manufacturer responsible.

What Kind of Compensation Can I Recover if I Win My Product Liability Case?

If you succeed in your product liability case, you can recover compensation for the following:

  • Physical pain and suffering
  • Mental anguish
  • Medical expenses
  • Rehabilitation costs
  • Lost wages
  • And more

If you or a loved one was injured by a defective product, do not hesitate to contact our New York product liability lawyers right away. We are dedicated to providing exceptional legal representation on behalf of those injured due to the negligence of others.