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Recovering Compensation in a New York Product Liability Lawsuit

>Recovering Compensation in a New York Product Liability Lawsuit

Consumers trust they are getting what they pay for. Generally, thanks to American ingenuity, this is usually the case. Unfortunately, both domestic and foreign-made products injure thousands of Americans every year. If you paid for a product and were injured as a result, you are understandably angry. Not only were you injured, but you feel as if you were wrongly injured. This is a problem. If this is the case, it is your responsibility to contact an experienced attorney who will fight for the compensation you deserve. This compensation can be put towards medical bills, in-home care costs, lost wages, and more. If you are considering filing a product liability lawsuit, here are some of the questions you may have:

How do I know if I have a product liability case?

Generally, when you wish to file a product liability lawsuit, your attorney will have to determine two things–first, he or she will have to decide whether you have a case or not. The rule of thumb in all personal injury claims is that if you can prove were injured due to another party’s negligence, you will most likely recover compensation. Your attorney must also determine exactly who is liable for the injuries you have sustained. Proving liability in a product liability case, however, is sometimes tougher than other personal injury cases, as there are generally several parties involved in the process. It is your attorney’s job to determine who is liable, as well as gather all the necessary evidence to help you recover the compensation you deserve. Here are some of the main types of product liability cases:

  • Failure to Warn: When a company creates a product, which is verified as safe, and the product is ready for mass production, the company has one final obligation before the product hits the shelves: they must include clearly written warnings about any safety concerns the product may pose if used incorrectly. For example, a lawnmower is recognized as a safe product, however, if you were injured while improperly repairing blades or otherwise, and there were no clear warning or directions on how to safely do so, there is a very good chance you can recover financial compensation for the injuries sustained as a result.
  • Manufacturer Defects: Manufacturers are obligated to produce a company’s product according to their guidelines. This ensures the product’s effectiveness and safety. Unfortunately, sometimes manufacturers choose to ignore said guidelines to save time or money. When a manufacturer deviates from the original blueprint and you are injured as a result, there is a good chance you will be entitled to financial compensation. 
  • Design Defects: Companies are responsible for keeping safety in mind when designing their products. If you were injured because a product blatantly disregards user safety in its design, there is a good chance you can recover compensation. However, to do so, you must prove there was a safer, more feasible, and equally practical design that would still allow the product to operate as it should.

Contact our experienced New York City firm

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer.

2019-08-07T09:25:02+00:00 August 7th, 2019|Blog, Defective Products|Comments Off on Recovering Compensation in a New York Product Liability Lawsuit