NEW YORK — Do you know which products on your shopping list might be defective this year? Faulty products send thousands of people to the emergency room annually. Whether it’s a gift or an every day household item, a Queens personal injury lawyer says defective products fall under a unique category of personal injury law known as “product liability law.” The terms outlined in these rules sometimes make it easier for victims to recover damages from a liable party, such as a manufacturer or the seller of a faulty product.
Product liability holds manufacturers and sellers liable for allowing defective products to be available to consumers. The responsibility for a defect that leads to an injury lies with all the parties in the chain of distribution. The law requires all products to meet the ordinary expectations of the consumer. To have a viable product liability claim, a product deemed defective or dangerous cannot meet those expectations.
State laws regulate product liability claims, which may be brought under negligence, strict liability, or breach of warranty. If you’ve been injured as the result of a defective or dangerous product, there may be several parties you can hold accountable.
What to Prove in a Personal Injury Case Involving “Product Liability”
Today, an injured person needs to show the following elements to successfully establish a personal injury claim involving product liability:
- The product was defective
- A person became injured as a result of the product’s defect
- The product’s defect caused the injury
- The seller or manufacturer owed a duty to make or sell a safe product
How to Start a Personal Injury Lawsuit in Queens for Product Liability
According to a personal injury lawyer in Queens, an injured person can start a product liability claim under three circumstances:
- Negligence: In this scenario, the plaintiff (injured person and their family) must prove that the manufacturer or seller had a duty to provide a safe product, and they ignored that duty. This breach must also have caused the person’s injury.
- Strict Liability: In this case, a manufacturer or seller is held liable for another person’s injuries even if they didn’t have knowledge that their product was harmful. This is typically the case when a product has a defect, and the plaintiff must show that they used the product in a ‘typical’ manner.
- Breach of Warranty: Products with manufacturer warranties allow plaintiffs to bring breach of warranty lawsuits when those warranties fail and lead to injuries.
3 Types of Product Defects
There are three ways a plaintiff may prove a product defective:
- Warning defects
- Manufacturing defects
- Design defects
A defect can occur at any stage of the production process; from the moment the product is designed to the moment it’s boxed-up and sold. Most product liability suits involve only one type of defect, but a plaintiff could be entitled to additional compensation if several defects were present.
Queens Personal Injury Lawyers Fighting For Victims Of Defective Products
Cellino & Barnes has experienced personal injury lawyers in Queens who have helped many clients with product liability claims. Our goal is to help you get the compensation you deserve after you’ve suffered unnecessary injuries stemming from a defective product. Contact our Queens personal injury lawyers to discuss your claim.
Cellino & Barnes (800) 888-8888