Have you ever been injured by a product that was unsafe? A defective product can be described as any item that is dangerous or harmful when used as intended, does not provide acceptable instructions for safe use, or is inherently dangerous due to defective design, assembly, or manufacture. If you were hurt by a dangerous or defective product, you may be entitled to receive compensation from the product’s manufacturer or seller.
How Can Negligence Be Proved?
In cases involving defective products, a person must typically prove that there was either a failure to warn the consumer about the potential dangers of using a product or that a design or manufacturing defect existed. Product liability claims typically fall into one of the following categories:
- Strict Liability: A defendant may be held liable if the plaintiff can prove the product is defective, regardless of the defendant’s intent. That is, a product’s manufacturer may be held responsible for injuries whether they knew the product was dangerous or defective or not. Typically, a plaintiff must prove that the defendant sold a defective product that was not altered from the time it was bought until the injury took place.
- Negligence: A defendant may be liable if they did not take the appropriate level of caution to avoid endangering someone. In product liability cases, a manufacturer may be found to be negligent if they did not take reasonable care to ensure that a product was safe to use.
- Breach of Express Warranty: A warranty is any statement made about a product by a seller to the consumer. A product manufacturer or seller may be liable if injuries occurred because a product did not function correctly when used as it was intended.
In New York, the statute of limitations for personal injury cases is three years, which means that a product liability lawsuit must be filed within three years after the injury occurred. Depending on the cause of the injury, multiple parties throughout a product’s manufacturing and distribution chain may be liable.
Types of Compensation
Because an injury from a defective product can have a long-term impact on your life, you may be able to recover compensation for multiple types of damages. These include:
- Pain and suffering resulting from the injury
- Medical expenses
- Loss of earnings due to temporary or permanent disability
Our attorneys can help you determine the full extent of the damages you have suffered, and we will work to ensure that you are fully compensated for the injuries which occurred because of a defective or dangerous product.
Contact a New York City Product Liability Lawyer
Thousands of people are injured every year in the United States from defective products, including auto parts, furniture, and children’s toys. What could seem like a minor defect at first glance could cause a serious injury with lasting effects. If you have been harmed by a dangerous product, Goldberg Sager & Associates can help you identify the liable parties and pursue compensation for the damages you have suffered. For a free consultation, contact our Brooklyn defective product injury attorneys today at 718-645-6677.
Sources:
http://www.nysba.org/WorkArea/DownloadAsset.aspx?id=44097
https://www.nysenate.gov/legislation/laws/CVP/214
https://www.law.cornell.edu/wex/products_liability
