Product liability law governs the design, production, manufacture, and sales of consumer items and products, ensuring they are safe for consumers and that proper warning labels and instructions are created and provided.
Products liability law protects consumers from:
- Defective auto parts
- Defective vehicles
- Contaminated food / produce
- Defective industrial products
- Defective medical devices
- Dangerous / defective chidren's toys
- Other defective & dangerous consumer products
Who Would I File a Lawsuit Against if I Was Injured by a Defective Product?
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.
Do not suffer financially for something that was not your fault. If another party's carelessness or intentional actions caused you or a loved one to sustain injuries, then turn to our New York product liability attorneys. We are well-versed and experienced with respect to product liability law. By retaining our services, you can increase your chances of obtaining fair compensation for your injuries.
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 Type 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