Syracuse Product Liability Lawyers Obtaining Compensation for Victims of Dangerous Products
When we as consumers purchase consumer goods and other products, we have a reasonable expectation that they will be safe for us to use. As modern production has progressed, so has the ability of companies to test, examine, regulate, and approve various products for the general public to use in a safe manner.
Unfortunately, many product manufacturers are generating products that do not meet the strict standards set forth in product liability law. Manufacturers have a legal obligation to warn consumers that their products may be dangerous to use in certain situations and may be held liable when their products contain a manufacturing defect that causes harm or serious injury to consumers.
If you have been injured by a defective or dangerous product, you need to hire a personal injury attorney who is familiar with strict liability law. The law firm of Passalacqua & Associates, LLC is unwavering in its commitment to obtain financial compensation for your injuries and pain and suffering.
What Qualifies a Product as Defective?
There are several areas in which a product can meet the qualifications necessary to be considered defective. They are:
Design defect: Design defects are present in the origins of the product before it can even be manufactured. A manufacturer could be held liable for a design flaw if it is determined that a foreseeable risk was present at the time of manufacturing and the company did nothing to improve or halt the production of the product.
Manufacturing defect: This type of defect occurs when the product is going through the manufacturing or assembly process. One of the root causes could be an unintentional error that could cause the product to be more dangerous than the manufacturer originally anticipated.
The major difference between design defects and manufacturing defects is that design defects are considered to be intentional. Manufacturing defects are unintentional flaws that occur when the product is made.
Marketing Defects: These types of defects occur when the manufacturer does not provide sufficient instructions or warnings as to the proper use of their product. Some marketing defects include inadequate safety warnings, improper labeling, and insufficient instructions as to how to use the product. In legal terms, this is considered to be a “failure to warn” consumers of hazards related to using the products. If these warnings are not in place, the injury or wrongful death of a consumer could result.
What are Some Examples of the Most Common Defective Products?
Although any commodity could potentially be labeled as a dangerous product, there are certain products that seem to be repeatedly involved in lawsuits over product liability. Some of the most common products sold that often have claims filed against them for being defective are:
Automobiles: Frequently, we hear about product recalls of automobiles due to equipment failures that have led to serious injuries and even death. A design or manufacturing defect in any area of the vehicle may be unsafe and can potentially cause an accident.
Defective Medical Devices and Medications: Under federal guidelines, all medical devices and medications must undergo stringent testing before being sold to consumers. However, these tests cannot always identify all of the areas in which these products could be harmful to individuals.
Children’s toys: Product liability cases that directly result from injuries or even wrongful death caused by children’s toys are extremely disturbing. A toy with a design defect could cause life-altering disabilities or other health issues for victims.
Household appliances: This area of strict liability is especially common due to the fact that everyone has household appliances of some type in their home. Often a design defect can cause certain appliances, such as a gas stove, to explode, resulting in a permanent disability, for example.
Who Can be Held Liable for Defective Products in New York?
In New York, the law stipulates that any person or entity involved in the process of selling a product may be held liable for injuries that have resulted from the use of the defective product. The list includes:
Some individuals question why the law holds retailers responsible for selling a product that is later deemed to have design or manufacturing defects. New York law does not look to protect the rights of corporations that sell defective products. Instead, it strives to safeguard the consumer from harm.
When retailers are held liable for selling defective or dangerous products, they often bring their own separate lawsuits against the manufacturer in an effort to cover their losses. However, this can prove to be difficult if the manufacturer is located overseas or is no longer in existence.
What Elements Need to be Present to Prove a Products Liability Claim?
In order to prove a product liability claim, there are four distinct elements that must be present:
The product caused your injury: If you wish to file a defective product claim, the product in question must have caused you to sustain an injury. If you did not suffer damages, you do not have a claim that could stand up in court. If you were not actually injured or did not sustain any type of damage, then you have no legitimate claim.
The product is defective: In order for the product to be considered defective, it must be unreasonably dangerous. This could be due to a design flaw or defect in the manufacturing process. Often an expert witness is required that can testify as to the issues in the overall design and safety of the product.
The product defect directly resulted in your injury: You must be able to definitively prove that the defect caused your injury. Being able to present your medical records that document the injury you suffered from using the product, along with a copy of your accident report, will be crucial in being able to recover damages.
You used the product as intended: In order for a defective product claim to be considered valid, you must have used the product as it was originally intended to be used by consumers. If you altered or used the product in a way that was not intended, then you may not have a viable claim.
Why Do I Need to Hire an Attorney to File a Defective Product Liability Claim?
Product liability law can be overly complex and extremely difficult to try to understand on your own. Skilled product liability lawyers have the experience and knowledge necessary to examine the evidence and determine how best to proceed with your case.
Often, filing a lawsuit is the only way to hold negligent parties accountable for the serious injuries caused by their defective products. A personal injury attorney can explain your legal rights, as well as seek compensation for your injuries.
The attorneys of Passalacqua & Associates, LLC are committed to holding negligent parties accountable for their defective products. We work with you to build a solid case to protect your legal rights. Our product liability lawyers and other members of our legal team are not afraid to stand up to the insurance companies in order to obtain financial compensation on your behalf.
Contact the law firm of Passalacqua & Associates, LLC by calling (315) 500-6425 and scheduling a free strategy session with one of our skilled product liability lawyers. We will listen to your story, review your case, and work to determine the best method to move forward.