What to Know About Product Liability Lawsuits in New York
It is important that you feel safe when you purchase a product. For the most part, products are designed and created with consumer safety in mind. But, accidents happen and products can become extremely hazardous when they are designed or manufactured poorly. If you or a loved one has been injured by a product, you may be entitled to recover compensation. Read on to learn more about product liability lawsuits in New York and what to do in the event of an injury.
What Steps Should I Take After an Injury?
- Do not throw away the defective product. It is natural to want to get rid of a defective product, but it will be a key piece of evidence in your case. The defective product will help determine which party should be held responsible and that negligence occurred.
- Reach out to a personal injury attorney. Product liability cases can be especially difficult, so it is important to retain the services of an experienced attorney.
- Make sure you file your claim in time. If you wish to take legal action, you will need to file your personal injury claim within a certain amount of time. This deadline is known as a statute of limitations. In New York, the statute of limitations for a personal injury claim is three years from the date of the accident. If you miss this deadline, you may lose your opportunity to recover compensation.
Who Can Be Held Responsible?
The three main ways to hold someone responsible in a product liability case include:
- Design Defect
- The product designer failed to take safety into account when designing the product.
- Manufacturing Defect
- The product was designed safely, but the manufacturer deviated from the original blueprints, causing the product to become unsafe.
- Failure to Warn
- The product was designed and manufactured safely, but the company did not provide adequate labels and warnings regarding how to use the product safely.
Burden of Proof
Once it is determined which party should be held responsible, you will need to prove that some form of negligence was involved. This will require the help of a skilled attorney and an expert in the industry of the product. Your attorney and industry expert will work together to provide this proof. For example, in a design defect case, you will need to prove that there was a safer, but equally feasible and economical way to create the same product.
CONTACT OUR EXPERIENCED WESTCHESTER COUNTY FIRM
Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.