If you have sustained injuries from a defective product, please read on, then contact one of our experienced New York City product liability attorneys to learn what you should know about defective product injuries in New York.
How do you know if you have a defective product injuries claim in New York?
The law on strict product liability in New York is that a manufacturer, wholesaler, distributor or retailer who sells a product in a defective condition is liable for injury which results from the use of the product. Family members may file a wrongful death claim on behalf of a loved one whose death resulted from a defective product.
How do you prove your defective product injuries claim in New York?
You must provide evidence of injury, death or property loss to demonstrate the existence of the defect, such as medical records, police reports and eye witness testimonies. When determining whether a product’s condition was defective, a jury will have to consider the following:
- Loss: Did the plaintiff prove they suffered an actual injury or property loss as a result of using a product?
- Defect or failure to warn: Did the plaintiff prove that the product was defectively designed, defectively manufactured or that the manufacturer knew or should have known of risks and failed to warn consumers?
- Proximate cause: Did the plaintiff show that the defect proximately caused the injury?
- Product used as intended: Did the plaintiff show that he or she was using the product as the manufacturer intended it to be used or in a way that a manufacturer could expect a reasonable person to use it?
All of this will have to attest to either a defective manufacture, defective design or failure to provide adequate warnings or instructions concerning the proper use of the product. For this, you should reach out to a skilled New York City personal injury attorney to discuss your next steps.
How can a New York City personal injury attorney help you?
A qualified legal representative will fully apprise you of your rights and responsibilities, as well as give you an honest assessment of the strengths and weaknesses of your case. Our firm will also help draft, collect and present the evidence needed to prove your case in court. Many people and entities will be potentially liable in a product liability case and you can be sure that they will fight vigorously to keep you from recovering the damages you are entitled to. While engaging the services of a lawyer is not legally required, you would be well advised to reach out to our firm. Do not go it alone. Give us a call today.
Contact Our New York City Firm
If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.