Upholding Consumers’ Product Liability Rights
Every day, the average person encounters hundreds of products. Food items, vehicle parts, electrical equipment, children’s toys – consumer goods surround us. For the most part, these products work as they should, without issue. Sometimes, however, products cause serious property damage, personal injuries, and even wrongful death. If any type of product caused you harm in New York, come to Meirowitz & Wasserberg, LLP, for legal help from a skilled New York City product liability attorney. We may be able to help you win compensation for your damages.
The Basics Of Product Liability Law In NYC
Product liability claims have different processes than typical personal injury cases. In most lawsuits, the injured party has to prove the defendant’s negligence to receive compensation. This burden of proof does not exist in product liability suits. The law gives injured consumers a way to sue a product manufacturer or distributor for defective products without having to show fault. The plaintiff must only prove the product had a defect and this defect caused the injuries or property damage. There are three main types of product defects:
- Mistake made during manufacturing: A manufacturing defect means an item would have been safe for use were it not for an error made during its production. Examples of items with manufacturing defects are: a chair missing a screw in one of the legs or a batch of cold medicine tainted with a foreign substance during manufacture.
- Inherently dangerous design: Some products don’t obtain defects during manufacture but still pose hazards to consumers. These items have designs that make them unreasonably dangerous to use. For example, a children’s toy designed with a 12-inch long pull string could pose a strangulation hazard.
- Failure to warn of risks: A manufacturer has a responsibility to warn consumers of known risks that may not be obvious. There must be proper marketing tools, warning labels and instruction manuals to safeguard the consumer against harm. A cooking tool that presents an electric shock hazard in water, for example, requires a warning label.
The rules of strict liability state that the plaintiff does not have to prove the manufacturer was negligent if he or she has one of the above-mentioned elements. It is possible to bring a product liability claim on the basis of negligence, but the plaintiff must prove the defendant failed to exercise reasonable care, leading to an unsafe product. The plaintiff’s own percentage of fault for the incident, such as using the item incorrectly, may reduce his or her compensation. For additional information regarding the laws surrounding dangerous products, consult an NYC personal injury attorney experienced in product liability claims.
Why Hire A New York City Product Liability Lawyer?
After you sustain a serious injury because of a defective product, it is possible to represent yourself during the claims process. However, you will be negotiating with major insurance companies and potentially large manufacturing companies. Making a successful claim may require proof of prior lawsuits regarding the item, proof the consumer used the product correctly, and other types of evidence. Retaining an attorney can maximize your chances of a desirable outcome.
Meirowitz & Wasserberg, LLP | Local Product Liability Attorneys In NYC
At Meirowitz & Wasserberg, we’ve helped clients fight back against dozens of types of products. We’ve seen lawsuits for dangerous and defective seatbelts, airbags, hot water heaters, medical devices, toys, tools and more. We know how deadly a defective product can be. Don’t let careless manufacturing companies get away with causing expensive or life-altering injuries. Schedule a free consultation to speak with a New York City product liability attorney today.