When you purchase or use a consumer product, you usually do so with the reasonable expectation that what you are using will be safe. However, sometimes these products can have unseen flaws that make them dangerous for use. If an item or product harms someone, there may be grounds for a product liability claim. Therefore, if a consumer product has hurt you, you need to know: Do I have a product liability claim in New York?
Product Liability Claims
Product liability refers to the liability of a manufacturer, distributor, seller, or other parties in the chain of distribution for injuries or damage caused by a defective product. When a product manufacturer or designer creates something, they are responsible for ensuring the product is safe and that consumers are aware of any risks associated with the item. If a consumer is injured because of a product’s defect, they may have a claim for their personal damages in a New York product liability claim.
Product Liability Legal Theories
When a plaintiff has a product liability case, they may bring their case under numerous legal theories, including strict liability negligence and breach of warranty.
Strict liability claims involve a plaintiff proving that a product was:
- defective and unreasonably dangerous and
- caused injury to the plaintiff.
The product defect may be in its design, how it was manufactured, or its warning features. This type of claim does not require a plaintiff to prove that the defendant knew a product was defective and dangerous.
Negligence claims involve an injured plaintiff establishing:
- that a product manufacturer was negligent in designing, making, or warning a consumer and
- that they were injured because of their negligence.
Breach of warranty claims involves
- proving that a manufacturer warranted that a product performs in a certain manner and
- that a failure of that performance led to an injury.
Types of Product Liability Claims in New York
Generally, there are three types of product liability claims—design defect, manufacturing, and warning.
Design defect claims—are connected to how a product was designed. In design defect cases, a product usually appears to be safe but has a serious design flaw. For instance, an individual may purchase a car that seems to be soundly constructed. However, there may be an issue that causes the vehicle’s brakes to fail. If someone is injured because of this defect, and the automaker could have used a safer design, the injured person may have a product liability claim. These types of claims may also arise when another hidden defect causes harm.
Manufacturing defect claims— involve problems with how a product was built rather than its design. Manufacturing defects can occur when a product is created using improper materials or when workers are careless during its creation. For example, suppose a cellular phone is designed safely, but an unsafe material is added to the device during manufacturing, which can lead to sudden fires. If a consumer uses a phone that was improperly manufactured with this defect and sustains a burn or other injury, they may have a manufacturing defect claim.
Product liability warning—cases involve the failure to properly notify consumers of potential dangers. If a product can be unsafe if used in a certain manner and the manufacturer fails to inform the consumer of the risk, and the consumer is injured, they may have a product liability warning claim.
When a person suffers an injury due to product liability, they may have significant damages. However, the law limits the time an accident victim has to pursue r a product liability claim. Therefore, if you or a loved one have been injured while using a product, you should consult with an experienced product liability attorney to review your case.
Contact an Experienced Product Liability Attorney
If you or your loved one have been harmed due to a product liability accident, you should schedule a free consultation with an experienced product liability attorney to discuss your claim and possible damages. The dedicated lawyers at Bonina & Bonina, P.C. are ready to fight for the damages you need and deserve. Our attorneys have experience litigating and mediating product liability cases and are here to help!
We have experience helping clients with product liability cases, and can explain your options and help you identify your next steps. At Bonina & Bonina, P.C., we come to work daily believing there should be equal justice for all. Se Habla Espaňol. Home and hospital visits are available. Call us at 1888-MEDLAW1 or contact us online for a free consultation.