When a company produces a defective product that causes injury, the consequences can be devastating. Injured consumers can be left with debilitating physical pain, emotional distress, and mounting medical bills in the aftermath.
Fortunately, New York has laws that enable you to seek compensation for any losses you might experience. These laws are designed to ensure that the products manufacturers put on shelves are safe. A personal injury attorney can help you navigate the legal process and fight for the justice you deserve.
Understanding Product Liability
Product liability laws protect buyers from injuries caused by unreasonably dangerous products. They apply to a wide variety of items, including toys, household appliances, pharmaceuticals, and machinery. In New York, product liability claims can be pursued under three main legal theories.
Most liability claims fall under the principle of strict liability. Under this principle, the injured party (the plaintiff) doesn’t need to prove that the manufacturer acted in a negligent way. Instead, they need to demonstrate the following three key points:
- The Product Was Defective: It could be a fault in the manufacturing process, a flaw in the design, a failure to warn consumers of potential hidden dangers, or inadequate instructions that came with the product.
- The Defect Was Unreasonably Dangerous: The fault in question must pose a risk of harm beyond what a reasonable person would expect when using it
- The Defect Caused the Injury: The plaintiff must be able to show a clear link between the harm they’ve suffered and their use of the item
A product liability claim can also be brought based on negligence. In this case, it falls to the injured party to prove to the court that the manufacturer:
- Owed a duty to produce a safe product
- Breached that duty by failing to use reasonable care during the manufacturing process
- Caused the plaintiff’s injury by way of their breach of duty
A manufacturer may also face a lawsuit due to a breach of warranty.
Warranties are guarantees manufacturers make about the quality and safety of their products. Written promises are considered express warranties, while implied warranties provide unspoken assurance that an item is fit to be used for its intended purpose.
When a product doesn’t live up to its warranty and causes injury, the victim can file a breach of warranty claim.
Note that these three product liability theories can overlap and intersect. As a result, all three theories can frequently appear together in the plaintiff’s complaint.
The Importance of Evidence
To put together a strong product liability case against a manufacturer, you’ll need to gather compelling evidence to present to the court, including:
- The Product Itself: Keep the product in the same condition it was in when you were injured
- Medical Records: Ask your doctor for all documentation related to your injuries (e.g., photos, reports, X-rays, bills, etc.)
- Expert Witness Testimony: Medical, product safety, or engineering professionals can offer valuable insight into the defect and its link to your injuries
- Eyewitness Accounts: Solicit statements from anyone who saw the item malfunction or the injuries that resulted from it
- Consumer Complaints: A quick online search will sometimes provide evidence of similar injuries suffered by other users, which can strengthen your case
Providing your attorney with an abundance of strong evidence will drastically improve your chances of securing fair and adequate compensation for your claim.
Your Rights Matter
Product liability laws exist to protect consumers. By understanding your options and putting together a robust case, you can hold negligent manufacturers accountable for their failures and get the compensation you deserve.If you’ve been injured by a defective product in New York City, contact The Kohan Law Group. Our experienced attorneys are ready to help you make things right.