If you have used a product that hurt you, and you’re sure it’s not your fault in any way, you may be entitled to claim compensation.
Because there could be several parties responsible for injuries caused by a defective product, you may have to file multiple claims. You will need to make sure that you file them in the correct order and with the appropriate party. You will also need to hire an attorney to represent you in these claims. A defective product and accident lawyer can help you determine whether you should proceed against the product’s manufacturer, the seller who provided the product, or both. Both sides are legally responsible for your injuries.
In this two-part article, Ronemus & Vilensky explains what you need to understand about the process of filing New York defective product claims:
Possible Types of Defective Product Claim You Have
As a consumer, you have the right to sue for your injuries caused by a defective product. It is important to remember that you can file a defective product claim against the entity responsible for the development. This means that you can sue the product manufacturer, the distributor, the seller, or all three.
If you are starting a defective product case, you must first determine the party responsible for making the faulty product.
Defectively Manufactured Product
The manufacturer’s responsibility is to ensure that the product is safe for its intended use. The manufacturer must also conform to the safety standards set by the federal government. They are responsible for the entire process between the design and the finished product.
To determine if the product was defectively manufactured, you need to prove that the product was made in violation of public safety standards. It would help if you also showed that the product was defective when it was designed, when it was manufactured, or when it was sold.
Determining if the product was defectively manufactured and to what extent can be challenging. You will have to consider many different factors, and it will be the manufacturer’s responsibility to disprove your claim.
If the manufacturer makes a reasonable effort to ensure that the product is safe, you will have to prove that the manufacturer failed in its duty. If you fail to do that, your claim will not be successful.
Defective Product Design
If the defective product was defective because of a design flaw, the manufacturer’s responsibility is to locate and fix the defect. If the product were already in production, the manufacturer would pay for the recall.
To establish that the product was defective because of a design flaw, you will need to prove that the design was faulty and reasonably foreseeable that the flaw would result in serious injury.
You will have to show that the design posed a significant risk to users. It is essential to keep in mind that you should prove the design flaws were significant and that it was reasonable to expect that the deficiencies would cause serious injury.
Failure to Provide Clear Instructions or Adequate Warnings
If you can show that the manufacturer failed to provide adequate warnings or clear instructions, you will likely be entitled to compensation.
To establish that the manufacturer failed to provide adequate warnings or clear instructions, you need to show that the manufacturer knew about the danger of the product and failed to warn consumers about it. You will need to prove that the manufacturer’s failure to warn consumers about the risks of the product was unreasonable.
If you can show that the manufacturer failed to warn you about the dangers of the product and that your injuries resulted from the failure, you will be entitled to compensation.
The seller is the seller of the product to the end-user. The seller is the person or entity that the product was sold to.
When the injured party sues a seller, they must show that the seller was negligent. To prove that the seller was negligent, the injured party must establish that the seller had a duty not to sell a defective product.
Conclusion
Remember, if a defective product hurts you, you should consult an accident attorney knowledgeable on defective product claims who can help you file a claim. You should also be aware that you can sue any person or entity who could have been responsible for your injuries, but the order in which you file your claims is essential.
In the second half of this post, we will answer some of the most common questions about defective product claims you’d want to know the answer to.
Ronemus & Vilensky can provide you with the legal expertise of an accident lawyer with experience in defective product claims. Contact us today to set a legal consultation.