From children’s toys to household appliances and vehicles, there is an inherent belief that a purchased product would be safe to use. However, there are instances where defective products slip through the cracks, only to cause serious injuries to consumers. If you have been seriously injured by such a defective product, New York’s product liability law may allow you to claim compensation from the party at fault.
We at Gabriel Law understand how devastating it can be when a trusted product fails and causes undue medical and financial burdens, and we’ve been helping clients injured by defective products protect their rights and maximize their compensation as New York product liability lawyers for over 30 years. In this blog, we hope to provide you with a good understanding of product liability in New York and guide you on what to do if you’ve been harmed.
What is Product Liability?
Product liability is the legal principle that allows consumers to hold manufacturers, distributors, and/or sellers liable for injuries caused by their product. The primary purposes of product liability are to ensure that products are safe for consumers and to hold manufacturers accountable for any harm caused by defective products.
The product liability law of New York is governed by the New York Civil Practice Law & Rules (CPLR) and case law. Accordingly, a claimant may present a product liability case if they can prove that:
- The product was defective or unreasonably dangerous
- the defective product caused the injury
- The injury caused losses
- The designers, manufacturers, distributors, or retailers had a duty to provide a safe product
If this is successfully shown, the strict liability standard of proof adopted in these cases means that the manufacturer will be held liable, regardless of negligence or intent. Under New York law, these cases come under personal injury lawsuits and must be filed within three (03) years from the date of the accident. However, this time period may increase or decrease based on exceptional circumstances.
What are the Types of Product Liability Claims?
Design Defects
These claims arise when the product has inherent design flaws that should have been noticed and addressed before the start of manufacturing. As a result, the product would be far more dangerous than an ordinary consumer would expect. Such a claim would affect all the units that had been produced under the defective design.
Manufacturing Defects
These are by far the most common product liability claims. Here it must be shown that the product that caused the injury was defective due to manufacturing conditions such as poor materials and improper workmanship. Under these cases, it’s not a design fault, but rather a dangerous deviation from the design. These cases focus on certain batches or individual units rather than the entire production.
Inadequate Warnings/Failure to Warn
If a product cannot be made safer through the design or manufacturing process, the manufacturers have a responsibility to warn consumers about the potential dangers of the product. A claim of this nature is warranted if a consumer is injured after using a product where they were not informed of the risks.
What Kind of Compensation Can Be Claimed in a Product Liability Case?
As a personal injury law firm in New York, our team of product liability lawyers looks into how best we can help maximize your compensation. Under New York law, victims of defective products can claim several types of damages, and actions filed typically involve a combination of these damages. The damages typically claimed are economic, non-economic, and punitive damages.
How can a Product Liability Lawyer in NYC Help?
When recovering from your injuries, navigating the court process and identifying the elements that make up your case can be arduous, and the lack of understanding of the law may jeopardize your rights and reduce the compensation you are able to claim. Therefore, if you plan to file a lawsuit, it is important to seek the help of a product liability attorney to:
- Assess the situation and determine the validity of the claim.
- Gather evidence and build a robust case.
- Identify all the parties that may be liable for your injuries.
- Negotiate with insurance companies and defendants for fair settlements.
- Filing lawsuits and representing you in court.
Conclusion
If you have been injured by a defective product, New York law states that you may be entitled to recover compensation from those responsible. You can navigate the complexities involved in filing such a case with the help of a personal injury lawyer in NYC. If you or your loved one has been injured by a defective product, do not hesitate and reach out to Gabriel Law.
Apart from being skilled car accident, pedestrian accident, and slip and fall lawyers in NYC, we’ve handled many product liability cases over the last 30 years and have secured our clients millions in settlements. You can rest easy knowing that we will be there with you every step of the way, making it our priority to secure the compensation you need and deserve.