Product liability is a highly complex area of law that holds manufacturers, distributors, and sellers responsible for any injuries or losses resulting from their products. In New York state, product liability claims fall under the umbrella of personal injury law.
As such, the courts allow victims of injuries sustained from defective products to file claims and recover damages.
What are product liability claims?
Product liability claims refer to lawsuits brought against manufacturers, distributors, or sellers of defective products.
Defective products include anything from a faulty automobile part, a mislabeled chemical, or a dangerous prescription drug. These personal injury claims are designed to support consumers who have been harmed by using a defective product.
Product liability claims in New York are based on the legal theory of strict liability, which means that the party behind a product is responsible for any damages that result from their products and services, regardless of whether they were negligent in producing or selling it.
Product liability claims differ from typical personal injury claims, wherein victims must prove that the defendant was negligent or intentionally caused harm.
Product Liability Laws in New York
In New York, product liability laws provide a framework for people to file product liability claims and recover compensation for injuries and damage caused by defective products.
To file a product liability claim in New York, you’ll need to prove that the product was defective and that the defect caused injuries and other damage. For a successful claim, you must also prove that the product was being used as intended and that you were unaware of the defect at the time of purchase.
Key Components in a Product Liability Case
To file a product liability claim in New York, you and your attorney must prepare a strong argument that includes several key components.
Evidence of the Defect
As with other personal injury claims, you’ll need to provide evidence that the product in question was purchased defectively and that this defect directly resulted in an injury.
Depending on the circumstances, you can show proof through witness testimony, expert opinions, and photos/videos of the accident or injury.
Proof of Injury and Losses
As a victim, you’ll also need to provide evidence of the losses you suffered from using a defective product. This includes medical bills, lost wages, workers’ compensation paperwork, and any documents that outline the extent of your injuries.
Evidence of Product Use
New York courts require victims to prove they used the product as intended when the injury occurred. All product liability claims are unique. Depending on the product, the severity of the injury, and many other factors, this type of evidence can come in all shapes and sizes.
For example, if you were driving your car to work, this may be enough to prove that you were unaware of a faulty component.
Filing a Product Liability Claim in New York
To proceed with a product liability lawsuit in New York, you’ll need to file a complaint with the court, serve the complaint on the defendant, and go through a lengthy discovery process that will help gather evidence for the case.
The discovery process can include depositions, requests for documents and other evidence, and expert testimony. Sometimes, a claim may also go through mediation or arbitration before trial.
Talk to a Long Island Personal Injury Attorney
If you have been injured or harmed due to a defective product, it is essential to seek the advice of a dedicated personal injury attorney.
Kohan Law Group represents personal injury clients throughout Nassau County, Long Island. Contact our office today for a free consultation and case review.