When a product malfunctions, it can cause severe injury or even death. In Long Island, manufacturers can be held liable for injuries caused by defective products.
Here, you can learn more about the different types of product defects and the legal recourse available to consumers whom a defective product has injured.
Types of Product Defects
Product defects can occur in design, manufacturing, or marketing materials.
A design defect is when the design of a product makes it dangerous. For example, a car with a faulty design that causes it to roll over easily would be considered to have a design defect.
Manufacturing defects occur during the manufacturing process. For example, a batch of medication that was contaminated during the manufacturing process would be considered to have a manufacturing defect.
Marketing defects occur when the manufacturer needs to warn consumers of the product’s dangers or provide adequate instructions for use. For example, a prescription medication that does not have adequate warnings about potential side effects would be considered to have a marketing defect.
Liability for Product Defects
Manufacturers can be held liable for injuries caused by defective products under several legal theories. The most common legal theories are negligence, strict liability, and breach of warranty.
Negligence occurs when the manufacturer needs to use reasonable care to design, manufacture, or market the product. To prove negligence, the injured party must show that the manufacturer owed a duty to the consumer, breached that duty, and that the breach caused the injury.
Strict liability, however, does not require proof of negligence. Under strict liability, the manufacturer is liable for injuries caused by the defective product regardless of whether the manufacturer was negligent. To prove strict liability, the injured party must show that the product was defective, that the defect caused the injury, and that the wounded party was using the product as intended.
Breach of warranty occurs when the manufacturer fails to fulfill its promises regarding the product. There are two types of contracts: express warranties and implied warranties. An express warranty is a promise made by the manufacturer about the product. An implied warranty promises that the product is fit for its intended use. To prove a breach of warranty, the injured party must show that the manufacturer made a promise regarding the product and was not fulfilled.
Long Island Personal Injury Lawyer
If a defective product in Long Island has injured you, you may be entitled to compensation for your injuries. It is important to consult a Long Island personal injury lawyer with experience handling product liability cases.
A Long Island, personal injury lawyer, can help you navigate the complex legal system and protect your rights. They can investigate the cause of the injury, identify the responsible parties, and gather evidence to support your claim. They can also negotiate with insurance companies and manufacturers on your behalf to ensure that you receive fair compensation for your injuries.
Statute of Limitations
Long Island has a statute of limitations for product liability cases. The statute of limitations is the time limit within which a lawsuit must be filed. In product liability cases, the statute of limitations is three years from the date of the injury.
It is important to file your lawsuit within the statute of limitations, as failure to do so can result in your case being dismissed. However, there are some exceptions to the statute of limitations, such as when the injury was not discovered later or when the injured party was a child.
Damages
You may be entitled to damages if a defective product has injured you. Damages are monetary compensation for the injuries and losses suffered due to the injury.
The types of damages that may be awarded in a product liability case include:
● Medical expenses
● Lost wages
● Pain and suffering
● Loss of consortium (loss of companionship or support from a spouse)
● Property damage
● Punitive damages (intended to punish the defendant for particularly egregious conduct)
The amount of damages awarded depends on the severity of the injury, the cost of medical treatment, the length of recovery time, and other factors. A Long Island, personal injury lawyer, can help you calculate the damages you are entitled to and negotiate with insurance companies and manufacturers on your behalf.
Product Recalls
In some cases, manufacturers may issue a recall of their defective products. A product recall is a request to return a product to the manufacturer for repair or replacement.
If a product is recalled, consumers should stop using the product immediately and follow the manufacturer’s instructions for returning the product. The manufacturer may offer a refund, repair, or replacement for the defective product.
If a recalled product has injured you, you may still be entitled to compensation. A Long Island personal injury lawyer, can help you determine your legal options and seek compensation for your injuries.
Protect Your Rights and Recover Compensation After a Defective Product Injury
When a defective product causes injury, the manufacturer can be liable for harm caused. There are several legal theories under which manufacturers can be held liable, including negligence, strict liability, and breach of warranty.
If a defective product in Long Island has injured you, consulting with a Long Island personal injury lawyer with experience handling product liability cases is important. They can help you navigate the legal system, gather evidence to support your claim and negotiate with insurance companies and manufacturers on your behalf.
The statute of limitations for product liability cases in Long Island is three years from the date of the injury, so it is important to file your lawsuit within that time frame. Damages in product liability cases may include medical expenses, lost wages, pain and suffering, and other losses.
If a product is recalled, consumers should follow the manufacturer’s instructions for returning the product. If a recalled product has injured you, you may still be entitled to compensation for your injuries.
In summary, if you have been injured by a defective product in Long Island, it is important to take action to protect your rights. A Long Island personal injury lawyer, can help you understand your legal options and pursue compensation for your injuries.
