New York Personal Injury Attorneys
How Do I File a Product Liability Lawsuit in NYC?
Purchasing a new product is exciting. Ripping open the package to get your first glance at your new purchase is something we have all probably experienced. When the product performs as expected, it can be incredibly satisfying. The exact opposite is true when the product does not function properly or, even worse—causes an injury.
If a defective product injures you before being recalled, you may have a case for a product liability claim. Below, the experienced lawyers at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. explain the steps of filing a product liability lawsuit and discuss how a product liability attorney can help.
Who is Liable for My Defective Product?
When a manufacturer places a defective product in the general marketplace, they become ultimately responsible for the injuries the consumer sustained. In addition to the manufacturer, the responsibility follows down the supply chain after the defect occurs. Anyone from the manufacturer to the individual retailer who sold the defective product may be liable.
To determine if you have a product liability case following an injury, you must be able to prove two things. First, the product had a defect, and the included warnings were inadequate, and second, the product was the direct cause of your injury. If you can show these two things, then you may be able to file a product liability lawsuit in NYC.
Am I Eligible to File a New York Product Liability Lawsuit?
In New York, there is a deadline for filing a lawsuit for most product liability claims, so it is imperative to act as quickly as possible to receive compensation. New York law mandates manufacturers and retailers to ensure their products are not dangerous or defective.
If you find the product defective or dangerous, the next step is determining what defect caused your injury. There are many scenarios in which a defective product could injure a person. The three categories of product defects can result in the supplier, seller, or manufacturer being held liable. These categories include:
- Design defects: Occurs when the design of a product or part of a product was designed poorly. This defect can lead to unexpected harm for the consumer despite the design rendering it unsafe.
- Manufacturing defects: This results from the manufacturing process, and whoever delivered the product failed to label the product as a defective product during production.
- Failure to warn: When the instructions and warnings that come with the product do not adequately warn the consumer of foreseeable risks.
Our product liability attorneys have extensive experience in all aspects of defective products.
Types of Product Liability
To file a claim in New York, you must also determine which type of liability pertains to your case. There are three types of liability: negligence, breach of warranty, and strict liability.
Negligence is when a manufacturer fails to guarantee that the product is not unreasonably dangerous reasonably. Your claim may fall under negligence liability if it contains a defective design.
The second type of liability is a breach of warranty. This refers to when the manufacturer does not include the terms and promises in a warranty document. Your claim may fall under the breach of warranty liability if the consumer needs a product to help assemble the product in question and the manufacturer recommends a product that does not do what the consumer needs.
Finally, the last type of liability is strict liability. This refers to when the manufacturer of the defective product is held liable for the injuries sustained.
It is perfectly normal to struggle with who is liable. An experienced product liability attorney can help you determine who is responsible and guide you through the next steps of a product defect case.
How A Product Liability Attorney Can Help
Suffering an injury from a defective product can be traumatizing and embarrassing. For example, in a famous product liability case, Liebeck v. McDonald’s Restaurants, Ms. Liebeck suffered third-degree burns. She was partially disabled for two years when McDonald’s failed to warn her of the overheated coffee. For extreme cases like this and more minor cases, it becomes crucial to know your rights and potential compensation to help alleviate suffering.
A product liability attorney can help you recover the compensation you deserve. They will work with you to help identify who is liable, gather all necessary evidence, and account for each damage possible. At SPBMCC, we are experienced in product liability lawsuits. We can help you show the burden of proof and take the necessary steps to build a strong case. The claim process can be complex, and we may be able to help you through the legal process.
Contact An Experienced Product Liability Lawyer at SPBMCC Today
Sullivan Papain Block McGrath Coffinas & Cannavo P.C. is a reputable full-service personal injury law firm specializing in various areas, including product liability. Our dedicated litigation support teams are committed to vigorously representing clients in matters such as 9/11-related illnesses, personal injury, car accidents, construction accidents, medical malpractice, premises liability, medical malpractice, and firefighter law across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.