What do I need for a product liability lawsuit?

If an individual is injured, harmed, or accidentally killed by a defective product, they may have a product liability case. Businesses are liable for injuries resulting from due to faulty products not only for producing a dangerous or defective product but also for a failure to warn consumers.

What constitutes negligence in a product liability case?

Businesses are responsible for making sure their products are safe at every stage of in the chain of production. If there is a lack of proper care for safety in the design, research and development, production, distribution, or repair of the product, this might constitute negligence resulting in a product liability case for your personal injury.

What is the definition of a defective product?

A defective product is one that is deemed to be unreasonably dangerous for consumers. If a product's risks outweigh its potential benefits to a consumer, the product is deemed "unreasonably dangerous" for consumers, and therefore, a defective product.

What constitutes a sufficient failure to warn consumers in a product liability case?

If a product has certain unavoidable risks for personal injury, it is required to attach a warning label that properly alerts consumers to the risks of using a product. If the label is not included, or it does not sufficiently alert consumers to the level of risk, this could constitute a failure to warn.

If there are errors in the manufacturing process, the business is required to alert consumers who may have bought the improperly manufactured product, and may need to issue a recall if the risk is high enough. If proper actions are not taken to prevent personal injury from an improperly manufactured product, this may also constitute a failure to warn.

What is the time frame for a product liability lawsuit?

In New York State a product liability case must be filed within three years of the occurrence of the personal injury. If the product is issued by a government or public institution, it may be deemed a municipal liability case, at which point the deadline to file a claim would be sooner.

What are the possible defenses against a product liability claim?

The most common defense against a product liability lawsuit is that the consumer was not using the product properly at the time the injury occurred. In many cases, the risk of the misuse of a product by a consumer can be weighed against the circumstances. The specifics of how a product is used can produce drastic changes in the amount of compensation received from a product liability case, which is why it is important to provide every possible detail to an experienced product liability lawyer.