When you purchase a product at a store, you assume the product is safe for use and will function as advertised. However, sometimes due to design, manufacturing, or even marketing defects, you may purchase a faulty product that malfunctions which can cause you to sustain serious injuries. Any product, whether it be a household item or a complex automobile part, can have defects. The companies that make these products are accountable for ensuring their merchandise is safe for consumer use. If a product does not function properly and is unsafe, causing harm to a consumer, the company and parties within the distribution chain can be held responsible through a product liability claim. Please continue reading to learn what parties can be held liable and how a determined New York City & Westchester County Defective Product Lawyer can help you hold responsible parties accountable for their negligence.
CAN A MANUFACTURER BE HELD LIABLE IF A DEFECTIVE PRODUCT INJURES ME?
If a faulty product causes you harm, examining the product’s chain of distribution chain is vital to determine who may be liable for your damages. This involves tracing the product’s journey from manufacturing to distribution to customers. However, product liability cases can vary depending on the specific circumstance of the case. Generally, the most common types of product liability claims arise from the following:
- Design flaws: When the individual who designed the product was negligent, meaning they did not take the necessary steps to ensure the product was safe for consumers, it is considered a design defect.
- Manufacturing defects: This occurs when there is an error during the design or production of a product. Essentially, someone makes an error during the actual creation of the product causing the product not to function as its design intended, making it unsafe.
- Failure to warn: This occurs when the product does not display the proper warning signage that stipulates the potential dangers associated with misusing a product.
Therefore, if a manufacturing defect is determined to cause your injuries, you are entitled to file a product liability claim against the manufacturer for your damages. Ultimately, manufacturers can be held liable when the product fails to conform to its original design to perform safely.
WHAT SHOULD I DO AFTER AN INJURY?
After sustaining an injury, you may be tempted to dispose of the defective product that caused you harm. However, it is crucial to hold onto it as product liability claims require significant evidence to prove wrongdoing. As you will be required to fulfill the burden of proof, meaning you must show that the manufacturer’s negligence directly caused your injuries, you should gather as much evidence as possible. This includes holding onto the faulty product, capturing photographs of the product and your injuries, and documenting all expenses and damages resulting from the accident. Nonetheless, the best way to maximize your chances of satisfying the burden of proof and recovering monetary compensation for your injuries is to retain the legal services of an experienced New York City & Westchester County defective product liability lawyer who can help you gather pertinent evidence.
If a defective product has injured you, contact a dedicated lawyer from Bàez Legal Group, who can help you determine who is liable for your damages and fight for the just compensation you deserve.