An Introduction To Products Liability LawIf you’ve been harmed by a defective product, Bonina and Bonina, P.C. has the experience in product liability litigation to help you recover compensation from the party responsible. A fundamental concept of tort law states that a party who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm caused to the ultimate user or consumer.
A manufacturer, wholesaler, distributor, retailer, processor of materials, maker of a component part that sells a product in a defective condition is liable for injury that results from use of the product when the product is used for its intended or reasonably foreseeable purpose.
New York law provides that a product is defective if it is not reasonably safe. According to New York Pattern Jury Instructions, this means that the product is so likely to be harmful to persons and/or property that a reasonable person who had actual knowledge of its potential for producing injury would conclude that it should not have been marketed in that condition.
This rule applies only where the defective condition of the product makes it unreasonably dangerous to the user or consumer. The article sold must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics. Product defects may arise because of a defect in manufacturing, design, or duty to warn.
In New York, parties may bring a claim for injuries caused by a dangerous or defective product based on negligence, strict liability, and breach of implied warranty. The primary difference between strict liability and negligence is that there must be a finding of fault on the part of the manufacturer to find negligence, whereas strict liability requires no finding of fault. To prove strict liability, the plaintiff must show that the product was defective and that they were injured as a result of the defect.
The experienced lawyers at Bonina and Bonina, P.C. will conduct a complete and thorough investigation to gather all of the evidence in support of your case so that you receive the compensation that you deserve. At Bonina and Bonina, P.C., we have been successfully fighting for New Yorkers in all types of cases, including products liability cases, for over 50 years. Our experienced attorneys offer the necessary assistance to help you obtain compensation for your injuries. Contact us today at 1-888-MedLaw1 or online so we may help you.