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:
- 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:
- The product was reasonably dangerous or was defective for its intended use
- The product defect existed before the product was distributed to the public
and did not undergo proper inspection or quality control processes
- 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
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
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.