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New York Defective Product Frequently Asked Questions

What is product liability?

Product liability refers to the liability of product manufacturers, sellers and distributors when their product causes an injury to the consumer.

How hard is it to sue a product manufacturer?

A product manufacturer will aggressively defend a claim against them. If it important to choose a lawyer that you can trust. To be successful with your claim it will require a great deal of time, research and skill to be successful.

Do I need a lawyer to handle my case?

Yes. Product liability cases are complicated. It would very difficult to attempt to handle a case on your own. Your chances of recovery increase exponentially when you have a lawyer working on your behalf.

What kind of damages can I recover?

The exact damages you recover, and the amount will depend on the circumstances of your case and the injuries you have sustained. You could, however, receive reimbursement for medical expenses, missed wages, pain and suffering, loss of consortium and punitive damages in some cases.

Do I still have a case if I have thrown away the product?

Yes. Of course, preserving the product is always preferable, not having the product in your possession doesn’t prevent you from filing a claim.

How long do I have to file a lawsuit?

The time deadline for filing a lawsuit is known as the statute of limitations. The deadlines vary depending on how the injury is caused, the specific cause of action, and who the defendant is. Generally, the statute of limitations for a personal injury claim is 3 years from the date of the injury.

What kinds of defects cause a product liability claim?

Manufacturing Defect: This defect is caused during the making of a product and results in the product not performing in the way it was designed.

Failure to Warn: A warning defect is based on the idea that a product is dangerous to use as directed or used in a way that is foreseeable. When someone is injured and there was no proper warning given, it could give rise to a product liability claim.

Design Defect: This means that there is an inherent flaw in the product. The product was manufactured correctly, but when it is used in the manner that it was intended it was dangerous.

What do I have to prove to have a product liability claim?

To have a claim, you must be able to prove the following:

  1. You used the product in the way it was intended;
  2. The product was defective;
  3. You were injured as a result; and
  4. Your injuries were caused by the defective product.
Is the manufacturer always liable when a product is defective?

Strict liability implies that the manufacturer is always liable but that is not always the case. The question of liability can become very complicated, so it is always wise to consult with a qualified lawyer.

I was in a car accident and my air bag malfunctioned. Can I sue the manufacturer?

Whether you are able to file a claim against the manufacturer will depend on many different factors. It could be that the airbag was inherently defective, in which case you would have a claim.

I have been taking a drug that has been recalled. What should I do next?

First you should speak to your doctor and see if you should indeed stop taking your medication. Your doctor may choose to prescribe a replacement medication. Save any packaging, receipts and paperwork you have regarding the recalled medicine. Contact a lawyer to discuss your options.

I was hurt at work by a defective product and have filed a worker’s compensation claim. Can I still sue the manufacturer?

Even if you have already filed a worker’s compensation claim it is still possible to pursue a claim against third parties in certain circumstances. Speak with a lawyer for guidance.

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