What is Product Liability Law and When is It Applicable?

Thousands of consumer lives are put at risk when a manufacturer distributes products that have defects. Permanent injuries can result from this kind of negligent mistake as demonstrated every year in auto industry recalls where a seatbelt failed to work as designed.

Individuals hurt by a manufacturer’s faulty product need to consult with an attorney familiar with the product liability laws of not only the state they reside in, but federal regulatory laws as well. Their expertise and knowledge of the type of claim strategies necessary to win your lawsuit will prove invaluable and lift some of the burden surrounding the court process off your shoulders.

Types of Injuries Caused by Defective Products

When we think about defective products, medicinal goods, and prescription drugs often come to mind first. We rely on these items, and often have to trust the manufacturer since we don’t have enough knowledge about the creative process behind this merchandise.  It’s possible for any brand to have a defect which could severely injure or even kill the consumers who purchased it. Other common goods we buy that often have liability suits brought against them for defects include:

• Children’s toys
• Cosmetics
• Automotive goods
• Food
• Appliances

Injuries can vary greatly, depending on the type of product used, the age of the victim, and other factors. Harmful side effects that often cause a liability lawsuit involve conditions such as:

• Lacerations
• Fractures
• Chemical burns
• Electrocution and/or shock
• Poisoning
• Eye injuries
• Brain trauma and/or damage
• Amputation
• Organ failure
• Spinal injuries
• Traumatic brain damage

The Barnes Firm has decades of combined experience representing individuals hurt by dangerous goods that should never have made it onto store shelves. Contact us today at (800) 800-0000 to find out more about what your rights are if you get hurt by products you trust.

New York Product Liability Laws

One of the toughest challenges of pursuing a financial compensation claim against a company and its defective product is navigating the applicable liability laws of New York. From deadlines for filing to specific rules around who can file, bringing a lawsuit has a lot of twists and turns.

Another important stipulation within New York’s product liability claims process is a statute of limitations for filing. Currently, one has only three years from the date of the injury or discovery of it to seek damages. With only a few years to gather any critical evidence or risk a court’s refusal to hear your case, retaining an attorney to represent your injuries is vital to success.

What Qualifies a Consumer’s Claim for a Liability Lawsuit?

Negligence is a top cause for a personal injury claim against a defective product, but there are two additional grounds a personal injury lawyer can rely on to win your case. The three types of causes your attorney will select for your case fall under one or more of these categories:

• Negligence – This strategy attempts to prove that the manufacturer was negligent in a way that compromised product safety and caused your injury.
• Strict product liability – By focusing on the fact that the product was defective and caused harm to you, an attorney can avoid having to prove manufacturer negligence.
• Breach of warranty – Product manufacturers often include a warranty with their goods, and when those guarantees are contradicted, this represents a breach of that warranty.

Types of Proof Needed for a Product Liability Claim

After you’ve filed your liability within state’s limitations period, your personal injury attorney will need to prove negligence or fault using all the gathered evidence available. There are several additional elements that will help your legal team win the compensation you deserve:

Duty

Manufacturers must always show dutifulness to safety when designing, building and distributing their products. This means that product testing and government approval should have taken place during the manufacturing process of the goods that harmed you.

Breach of Duty

This occurs when a company creates a product without following outline safety protocols or standards and jeopardizes the safety of consumers using it.

Causation

By making the mistake of causing or contributing to a breach of duty that harmed a customer, the company is liable.

Damages

Your attorney must demonstrate that the victim suffered legitimate harm and has damages from the defective product worthy of compensation. This includes medical costs, pain and suffering, and lost wages.

Using a seasoned product liability lawyer to ensure your case meets the required burden of proof is essential when building a strong case against defective products. These causes are not necessary if the product liability laws don’t apply. Often, these types of cases do not demand proof of manufacturing negligence or duty breaches, so be sure to consult with an attorney before filing a case.

Defective Product Attorneys That Fight for You

At The Barnes Firm, we have seen firsthand how devastating a product defect is for an individual and family members. We know that money alone will never compensate enough for the damages you have suffered, but our more than 60 years of liability law experience will protect you financially and medically into the future. Our best defective product attorneys have the knowledge and experience that gets results to help our clients get on the road to recovery sooner.

As one of the nation’s largest personal injury law firms, The Barnes Firm has helped clients recover settlements that exceed $1,000,000. We investigate all aspects of a product’s manufacturing process and how it may have contributed to your injury. Contact our office today for a free consultation and learn how we can help you during this challenging time.

The Barnes Firm (800) 800-0000

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Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes