When you buy something at a store, you assume it will function as promised and is safe to use. However, some products malfunction due to design flaws and manufacturing defects, which can lead to severe injuries. You may be unsure how to proceed if you have been injured due to a defective product. Please continue reading to learn who can be held liable and how our skilled New York City Product Liability Attorneys can help you fight for the just compensation you deserve.
Can a manufacturer be held liable for injuries caused by a defective product in New York?
If a defective product has injured you and you want to file a claim against the responsible party to seek compensation for your damages, the first step you should take is figuring out who is in the “chain of distribution.” Essentially, this means identifying all parties that produced the faulty product. Generally, the chain of distribution begins with the manufacturer.
Product liability claims often stem from manufacturing defects, where something went wrong during the production process, causing the product to be unsafe despite its intended design. Manufacturing defects occur when the product fails to conform to its original design and does not perform safely. They can also occur due to incorrect assembly or the omission of a crucial element during construction, resulting in malfunction. A manufacturing defect can also arise from improper warning signage on the product. If you have been injured due to a manufacturing defect, the manufacturer of the product can be held liable for your losses as their negligence directly caused your injuries. However, product liability claims can be challenging to prove as they require significant evidence of wrongdoing.
What should I do after an injury?
Although you may want to get rid of the defective product that harmed you, it is vital to hold onto it as it will serve as a crucial piece of evidence in proving a manufacturer’s negligence. As mentioned above, product liability claims can be challenging to prove. Therefore, you must gather as much evidence as possible to satisfy the burden of proof. This includes taking photos of the defective product and your injuries, keeping track of your medical records, and recording the expenses you have incurred due to a negligent manufacturer.
However, the most crucial step after suffering an injury caused by a defective product is retaining the legal services of a determined New York City product liability attorney who can work in conjunction with experts that can asses the product to determine what exactly caused the malfunction. This will also help identify whether the issue with the product could impact other consumers that purchased the same product.
If a defective product has injured you, don’t hesitate to contact a trusted attorney from Sweling Law who can help you navigate your legal options and secure the fair compensation to which you are entitled.