What Legal Recourses Are Available for Victims of Defective Products

What is Product Liability?>

Product Liability comes in different forms and varies widely from case to case. So, it is imperative to clearly understand the various types of liability you might encounter as a consumer. All of these are complex and require the assistance of a skilled and knowledgeable legal team like the team at Passalacqua & Associates to stand up for your rights.

Some common examples are:

• Dangerous drugs or medications- Drugs that are prescribed for medical treatments are the leading cause of allergic reactions in hospitals and clinics. While it is the patient’s responsibility to report any allergies to the medical staff, negligence occurs when the doctor fails to read the chart correctly or if the nursing staff fails to notate the allergies properly, causing the doctors to prescribe the drugs or order dosages at higher than the recommended dosages.
• Faulty Medical Devices- Sometimes, people are harmed or injured by products that manufacturers knew or should have known posed a risk. This opens the door for any number of parties to be held responsible. It depends upon the jurisdiction in which the liability case is filed to determine who is responsible.
• Faulty Equipment or Machinery—Several groups might be liable for faulty equipment or machinery injuries, ranging from manufacturers/retailers to wholesalers. Deciding who is responsible depends on who was involved in the defective equipment’s distribution chain. In other words, who allowed it to be sent out to the masses where people could be harmed by its use?
• Illness or Poisoning from Food Products- No one wants to think about our food being unsafe, but sometimes it happens. When it does, our team can help you get the compensation you deserve.
• Seatbelts, Airbags, and Other Car Parts- If you have been seriously injured in a car accident due to the failure of the safety equipment in the vehicle, you will be owed compensation beyond that which the insurance company is initially offering. Our firm will fight for your rights. Get the Justice you deserve. Call 315-277-3548 for a free strategy session.

What Are the Three Paths to a Product Liability Lawsuit?

There are typically three pathways to filing a product liability lawsuit. To pursue a product liability case successfully, you need the assistance of a robust legal team. A successful plaintiff will use at least one of the following elements in building their case:

Negligence

To prove negligence on the part of a manufacturer or seller, you must prove that:

• The defendant broke the law.
• The law was designed to protect a particular class of people, and the plaintiff is in that class.
• The plaintiff was injured.

In some circumstances, if the plaintiff’s negligent behavior caused or significantly contributed to their injury, they may not be entitled to any damages, or if they are, the amount will be reduced considerably.

Strict Liability

Strict liability is relatively controversial. It is pretty black and white. It holds manufacturers responsible as long as the plaintiff can prove that the product harmed them. Whether or not the manufacturer intended such harm to occur doesn’t matter.

Breach of Warranty Fitness

A breach of warranty fitness can also be considered a breach of contract. This means that the product didn’t work as advertised. There are a few different ways this might happen.

• Express warranty-
  1. A commercial explaining the product
  2. Verbal promises
  3. In-store signs
  4. Paperwork accompanying the item

Implied Warranty of Merchantability

This unwritten warranty implies the product is free of defects and safe to use. Suppose you are injured due to the use of a defective product. In that case, you can file a lawsuit not only specific to the defect but also for violating the implied warranty of merchantability.

Implied Warranty of Fitness

This liability exists when a seller is aware that the product they are selling to a consumer for a specific purpose is not the purpose that the product was intended for. An example might be a heart medication sold as a diet supplement because the manufacturer discovered that consumers experienced weight loss. This opens consumers up to risks for which they are not prepared.

How Do I File a Liability Claim?

There are a few critical steps to take when filing a product liability lawsuit in New York. The most crucial thing to do if you suffer an injury or illness due to a faulty product to recover the damages due to you is to seek medical treatment immediately. You must explain in detail what happened and be sure to ask for a full copy of the medical report of all your visits and any imaging you undergo for your medical files. Establishing that you sought immediate medical care will strengthen your claim.

By being proactive and knowledgeable, you can ensure you receive the compensation you deserve if you have suffered harm due to a defective product. Remember, taking action is the first step towards holding manufacturers and distributors responsible for their negligence. Take Charge.

At Passalacqua & Associates, we put the power back in your hands. You’ll have the guidance and help of a compassionate and skilled legal team, and we fight for you from day one. We understand the stress and inconvenience that can come with this fight, and we are committed to helping you navigate the legal process. Our team is devoted to advocating for your rights and seeking the compensation you deserve. We will work diligently to protect your interests. The power is yours.

Contact us today to book a free strategy session. Call 315-277-3548.