What Makes a Product Defective?

Has your car, blender, infant car seat or prescription medication caused you bodily harm? Were you affected by a malfunctioning or dangerous product through no fault of your own? If so, you may have a defective product on your hands—and you have rights. This article will address what makes a product defective, and the steps you can begin taking right now to protect yourself, along with the quickest way to present a strong case, giving you the compensation you desire.

What Makes a Product Defective?
By law, a product is defective if it’s unreasonably dangerous to the consumer. Often, a product becomes defective from insufficient warning labels and/or instructions for using the product, or if there is a defect with the design or manufacturing.
If the product becomes unsafe to use (such as a knife with a handle that isn’t glued on properly, or a bike’s brake cables that easily come apart when riding), the product’s manufacturer is held liable. However, there are immediate steps you need to take in order to receive compensation for your New York City product liability case—and time is of the essence.

Guideline to Follow For Your Product Liability Case

• You must file your claim in time. In accordance with New York product liability law, you have three years from when the injury occurred. Determining who the manufacturer and seller were, and examining the product to determine why it was dangerous can take a considerable amount of time. Because these cases require intense investigation and expert consults, you should contact an attorney immediately.

• You must prove that your product is faulty. Building a strong defective product case requires you to prove the manufacturer designed the product defectively, manufactured it defectively or failed to warn users of how it could hurt them. Take photographs of the damage, keep the product in the exact condition it was in when you were injured, and consult with an experienced product liability lawyer, who will be able to tell you if the manufacturer is to blame.

• You Must Prove You Were Using the Product in a Foreseeable Way: Under New York law, a manufacturer has a duty to design a product that avoids an unreasonable risk of harm both when being used as intended and when it is being used for an unintended but foreseeable use. A manufacturer cannot be held liable for an outrageous misuse of a product.

At Bonina & Bonina, we have successfully fought for plaintiffs injured by defective products in Federal and State Courts throughout the state. We have provided our clients with legal advice, advocacy, and most importantly of all, dedication for the desired end result. If you or someone you know has been injured due to a defective product, contact one of our personal injury attorneys today. Simply call 1-888-MedLaw1 or click here for a free consultation and begin your claims process with ease.