When someone wants to get compensation for being injured by a product, they often decide to use a product liability lawsuit. But what is a product liability lawsuit, and what should you keep in mind when filing one? Read on to learn more about defective product claims in New York State, and contact a Rockland County product liability lawyer from our firm as soon as you can.
What Is a Defective Product Claim?
We’ll first define what a defective product is. You’ll need to have a clear idea of the concept to be as informed as you can on your prospective lawsuit. If you are successful, the responsible party will be found strictly liable for injury(ies) or wrongful death.
But to begin, what are you asserting happened in a defective product claim? In that scenario, you would be arguing that a design defect, a manufacturing defect, or any other kind of negligence (apart from your own) resulted in an injury or death. The harm involved occurred after neither the manufacturer, the distributor, nor the retail store warned you about the potential defect.
How someone is injured depends mostly on the product and the extent of its defect. You can harmed by a defective toaster, tainted medicine, or an automobile. The harm in each case would be specific to those circumstances: whether, how much, and what kind of injury you sustained, or if the harm was your loved one’s death.
Don’t forget that the United States Consumer Product Safety Commission will be interested in your lawsuit and may be your ally as you look for compensation. This agency’s mission is to make sure the products that become available for purchase are not dangerous.
To be successful, you will have to show that the product had a specific defect and that the defect caused the harm in question. Because of the role of any negligence on your part, you’ll also need to prove that you used the product in the way it was intended to be used.
What Is a Defective Product Claim?
Who, then, are you suing in a defective product claim and why are you suing them?
The United States has many laws regarding product liability, strict liability, and harmful products. Applying these laws to figure out who to file against is often the most difficult and complex step.
Part of the reason for this is that product liability lawsuits frequently involve several parties. Manufacturers, distributors, designers, marketers, and retail stores may all be liable. This is why having an experienced and knowledgeable Rockland County product liability lawyer is so crucial. Your lawyer will help you disentangle the chain of distribution as well as any problems with strict liability that might come up.
