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As consumers, we trust that the products we purchase regularly will be safe to use. Most of the time, they are, but sometimes, defective products can make their way to retailer’s shelves. Such products can be dangerous and cause severe injury or even death when they are used. If you were injured by a defective product, you might be wondering what steps to take next. You may also be wondering who is responsible for your injuries.
By working with a product liability attorney, you may be able to obtain compensation for your suffering and injury-related expenses. By filing a personal injury claim against the liable party, you may be able to get the justice you deserve.
If a plaintiff wishes to recover damages for their injuries, they must prove the product that caused the injury was defective, and the defect made the product dangerous. To file a successful legal claim, a plaintiff must demonstrate at least one of the defects that caused the product in question to be unsafe. They must also prove they used the product as intended.
In general, three types of defects can cause damage and make the manufacturer or distributor liable. With product liability cases, three specific product defects may harm a consumer because of distributor or manufacturer irresponsibility:
In general, three types of defects can cause damage and make the manufacturer or distributor liable. With product liability cases, three specific product defects may harm a consumer because of distributor or manufacturer irresponsibility:
The manufacturing process or incorrect manufacturing injures a person. This opens the manufacturer to a personal injury legal suit. When a product is improperly manufactured or the manufacturing process causes the defect, an injured person may file a personal injury claim against the manufacturer.
A dangerous defect exists before the company distributes or manufactures the product. The design contains a flaw that makes it dangerous to use. Such defects are present from the beginning, even before the product is produced and distributed. Design defects make a product inherently unsafe to use.
Muddled marketing could harm users. Such defects range from poor safety warnings and confusing instructions to flawed labeling. Flaws in the way a product is marketed can cause injury to consumers. Unclear instructions, inadequate safety warnings, and improper labeling are all considered marketing defects.
As the plaintiff, you and your defective product lawyer bear the burden of proof. You must prove at least one of the above product defects caused you harm. You also need to show you used the product as marketed.
A defective product must have been sold in the marketplace at some point in time if you wish to file a personal injury claim. In other words, as long as someone sold the defective product and it was apparent the product could cause injury, the injured party can recover damages. Establishing liability can be difficult in some cases, primarily because multiple parties can be held responsible.
Depending on the circumstances of a topic, the following parties may be liable in a defective product case:
Any of the previously listed parties could be liable if the product could foreseeably cause an injury. Injured individuals should work closely with their product liability lawyer to determine fault.
The tort of negligence is a critical element of products liability law. To recover damages under the theory of negligence, an injured plaintiff must prove the manufacturer owed a duty of care to them. They must also prove that the manufacturer neglected this duty of care, and this neglect was the proximate cause of their injury. In other words, the plaintiff must prove the defendant in the case could foresee the risks when the product was being manufactured.
With the help of an experienced defective product lawyer in New York City, an injured person may be able to recover damages, both economic and non-economic. Often, injured individuals can recover costs for current and future medical bills, lost wages, and everyday living expenses if their injury leaves them unable to work.
Non-economic damages, such as pain and suffering, loss of quality of life, and punitive damages may also be recovered in many cases. Non-economic damages, unlike economic damages, cannot be easily calculated. In general, individuals with more extensive injuries will receive the most compensation.
If you want to file a product liability lawsuit, you must do so within a period determined by the state. These types of time limits are called the “statutes of limitations,” and if you file your claim outside of them, you may not be able to recover damages. In most states, time does not start until the injured person discovers their injury. For this reason, you must consult an attorney as soon as you find out about your injury.
If a defective product injured you, you might be feeling angry and helpless. Such feelings are normal, but you must take legal action if you want to hold the party responsible for your injuries liable. You must also take action if you wish to recover damages for your injuries.
Here at William Schwitzer & Associates, we have recovered millions of dollars for our clients. We take great pride in representing individuals whose defective products have been harmed. Schedule a free consultation today to discuss the details of your case with a legal professional.
When you purchase a product, you trust its safety and the manufacturer’s commitment to protecting consumers from unnecessary harm. If you encounter a defective product, you could sustain injuries. Depending on the defect’s severity, a person could suffer a wrongful death.
Working with a William Schwitzer & Associates product liability lawyer ensures you protect your consumer rights. Let us help you determine the at-fault party in your case and receive fair compensation for harm suffered at another’s hands.
Your product liability case hinges on showing your claim’s validity and legitimacy. Even if a defective product puts you at high risk of injury, you only have a valid claim if you sustained harm or suffered damages.
You must also show which product defect type applies to your case. If you and your product liability attorney show the product’s hazardous quality isn’t apparent to consumers, you could strengthen your case. Manufacturers have a responsibility to provide the public with sufficient instructions and safety warnings.
The third element of a product liability claim is proving the product’s defect caused you harm. The at-fault party may try to show you cannot connect your damages to the defect. Finally, you must show you used the product for its intended purpose when you suffered damages or harm.
Another essential aspect of your defective product case is showing that the manufacturer sold the product in the marketplace. Establishing liability could prove difficult, as a lot of parties have a hand in manufacturing, marketing, and selling products.
Examples of parties often liable in such legal cases include:
With so many leads to follow, it becomes essential that you work with a knowledgeable legal representative to narrow your options and gather viable evidence. No matter which party bears responsibility for the harm or wrongful death, you must show the manufacturer owed you a duty of care and could predict the harm you suffered while manufacturing the product. You must also show that the manufacturer did not uphold the duty of care, an act of neglect that harmed you.
Compensation for suffered harm includes non-economic and economic damages. You may receive compensation for health care costs, lost earning capacity, and lost wages from time off work. Examples of non-economic damages include loss of quality of life, pain and suffering, and punitive damages.
While you and your lawyer may calculate economic damages, that does not apply to non-economic damages. Instead of compiling numbers, focus on compiling a narrative that shows how your non-economic damages affect your quality of life. For example, can you still engage in your favorite hobbies because of your harm? Do your injuries affect a relationship you hold close to your heart? Can you link your intangible injury to resulting economic harm?
As with most legal matters, it is better to take action sooner than later if you have a potential product liability case. The statute of limitations limits how long you may file a lawsuit. Wait too long to pursue the negligent party and recover damages, and you may lose your chance. Usually, the clock does not start until you first notice the injury. Even if you feel uncertain whether you have a product liability case or another legal claim, consult with a legal attorney to protect your rights.
Even if you feel you have adequate evidence that proves the at-fault party’s negligence and lack of honoring an owed duty of care caused harm or wrongful death, it makes sense to turn your case over to an attorney. Legal professionals have the experience, education, and resources to help you build a solid argument. You also deserve to focus on your recovery while your legal advocate fights to ensure you get every penny you deserve.
All cases are handled on a contingent fee basis, which means you risk nothing. There is never an attorney fee for us unless there is a recovery for you.
