Understanding Defective Product Cases In New York
If you have been injured or become ill due to defective consumer goods, you may be entitled to compensation. When a product is poorly designed, has a manufacturing defect, malfunctions, or does not fulfill the warranty’s claims about its performance, you may be entitled to file a product liability suit.
Who is Liable for the Defective Product?
In a liability case, there are often multiple defendants who played a role in the defective product making it to the public marketplace. The following entities could be held responsible for injuries and illnesses caused by defective products:
- Manufacturers
- Parts supplier
- Designer
- Retailers
What Must Product Liability Cases Prove?
You must demonstrate several elements to move forward with a valid product liability lawsuit. The following factors must be confirmed to file suit.
Proof of Injury
The product may be defective or even dangerous, but you have no case without proof of an injury. You must back up your injury claims with medical records and substantial documentation. If you become ill because of a medical device, medication, or chemical, you must substantiate that it was caused by the product you claim it was.
Proof of Defect
You must prove that the harm that came to you was due to a product defect. These defects could be in the product itself, its packaging, instructions, or a lack of appropriate warning labels. These factors could indicate a design issue, a manufacturing issue, insufficient instructions, or caution notifications.
Link Between Injury or Illness and the Product Defect
You must prove that the damage was done specifically because of the product’s defect. It is imperative that a clear connection can be exhibited. Otherwise, user error will be contributed to the harm sustained.
Proof of Appropriate Use
Evidence that the product was appropriately used is another factor that must be demonstrated. For instance, if you were burned by using lighter fluid on an already burning fire, the lighter fluid is not at fault. You did not use it properly.
Statute of Limitations
In New York, one must file a product liability lawsuit within three years of the date of injury or initial illness. It is essential to know the full extent of the injury or illness before filing, but pay close attention to the specified timeline.
Proof of Liability
Your product liability attorney will analyze your evidence and decide how to proceed. Some of the aspects of your case that they will strive to demonstrate are as follows:
- Negligence: Proving that the manufacturer did not exercise appropriate care in designing, producing, or labeling the product, which led to injury or illness.
- Breach of warranty: When a product does not perform in the way it was presented to the consumer and causes an injury or an illness, the manufacturer can be held responsible.
- Strict liability: This removes the burden of proving a breach of warranty because the product itself is considered dangerous. The plaintiff must show that the unaltered product was distributed for sale and was defective and unreasonably hazardous.
To win a product liability case, the plaintiff is not responsible for proving that the defendants knew of the product’s dangers and defects. But, they must prove that they did not contribute to their injuries or illness.
PLLC For Advice Concerning Your Product Liability Claim, Contact Gattuso & Ciotoli
Experiencing an illness or injury related to a defective product can be catastrophic. Contact the experienced attorneys at Gattuso & Ciotoli for a free consultation about your product liability issues. We will investigate your case and help you recover the compensation you deserve.