Product manufacturers and distributors have a duty to make sure their products are safe for their intended use. If they fail to satisfy this duty and their products harm a consumer, they may be responsible for the victim’s injuries under product liability law, a legal area that allows injured consumers to sue companies for their defective or dangerous products. However, companies often have extensive resources to fight product liability claims.
That’s where our New York product liability lawyers come in. Richmond Vona can level the playing field between you and product manufacturers so you have a better chance of recovering the compensation you deserve. Contact us today for a free consultation if a defective product has caused you harm.
ON THIS PAGE
- Strict Liability vs. Negligence in Product Liability Claims
- Types of Product Liability Claims
- Manufacturer Responsibilities for Product Safety
- What Must Be Proven in a Product Liability Case?
- Who Can Be Held Liable?
- Steps To Take if a Defective Product Injured You
- Let Our Product Liability Lawyers at Richmond Vona Handle Your Case
Strict Liability vs. Negligence in Product Liability Claims
Two main legal concepts allow injured consumers to bring defective product lawsuits against companies: negligence and strict liability. Under negligence, the victim must prove that the company failed to take precautions to prevent harm. Strict liability, on the other hand, automatically holds companies liable for any harm their products cause, even if they took precautions.
Products also come with “warranties of merchantability,” which ensure that they are fit for their ordinary purposes and meet reasonable safety and quality standards. You can potentially try to recover compensation under a breach of warranty theory. Our attorneys can help you determine which legal theory best fits your case and fight for your right to compensation.
Types of Product Liability Claims
Product liability claims typically involve three categories of defects that can make a product dangerous:
- Design Defects – A design defect exists when a product is inherently unsafe due to its flawed design. For instance, a baby toy with small, detachable pieces could present a choking hazard. This could count as a defect because it is unsafe for its intended use as a toy for vulnerable children.
- Manufacturing Defects – Manufacturing defects occur during production. These are unintended flaws that don’t follow the intended design and cause an otherwise safe product to be dangerous. For example, this can happen due to improperly assembled machinery or contaminated foods that pose health risks.
- Failure to Warn – This arises when a product lacks adequate instructions, safety warnings, or labels to inform consumers of the product’s risks. Common examples include medications that fail to list side effects and food items that are missing allergen information. A defective medical device without warnings of potential complications is another example.
Strict liability often applies across all three defect categories, which can make it easier for injured consumers to seek compensation. Our legal team has the skills and expertise to evaluate the governing law in your jurisdiction.
Manufacturer Responsibilities for Product Safety
Manufacturers are responsible for making sure their products are reasonably safe for their intended use. They must take specific actions to satisfy this responsibility, including:
- Quality Control Manuals – These provide written safety standards, protocols for testing, and inspection guidelines for product safety.
- Consumer Complaint Databases – Manufacturers should establish systems for tracking consumer complaints about their products. This allows them to identify and address safety issues early on.
- Review of Product Warnings and Advertising – Companies must review product instructions, warnings, and advertising materials to make sure they accurately reflect the product’s risks and intended use before releasing them to the public.
- Tracking and Documentation – Proper documentation, such as serial numbers and test results, is essential for tracing defective products and stopping their distribution.
- Recall Procedures – A comprehensive recall process allows manufacturers to address safety concerns promptly if they discover a defect after a product is already in circulation.
What Must Be Proven in a Product Liability Case?
You must generally prove the following to bring a strong product liability lawsuit:
- The Product Was Defective – The product must have had a design, manufacturing, or marketing defect.
- The Defect Caused Injury – There must be a direct link between the defect and your injury.
- Proper Use – You must have used the product as the manufacturer intended or in a reasonably foreseeable way. If you were injured while using a product for something it was not designed for, you may not have a strong case.
You may have a product liability case even if you were partially at fault. Many states, including New York, have comparative negligence laws that allow you to recover damages even if you were partly responsible for your injury, but your compensation is reduced based on your percentage of fault. Depending on the product liability laws in your jurisdiction, comparative negligence may or may not come into play.
Who Can Be Held Liable?
Anyone in the supply chain could be liable for a defective product if they contributed to the defect or failed to reasonably prevent it.
Product manufacturers are a common target in product liability lawsuits. These are the companies that designed, produced, or assembled the product. They’re often directly liable for design, manufacturing, and marketing defects. Suppliers of defective parts that went into the product may also be held liable for similar reasons.
Retailers and distributors may also be held liable if they played a role in the defect. For example, they may have continued to sell a recalled product or failed to warn consumers of known defects. They may also be liable for marketing defects if they made false or misleading claims that resulted in your injury.
Steps To Take if a Defective Product Injured You
Your actions after suffering a defective product injury can affect your ability to recover compensation. Take the following steps if you believe a defective product caused your injury:
- Keep the defective product in a safe place. Don’t alter it or try to repair it. It will serve as key evidence in your case.
- Document everything. Take photos of your injuries and write down your symptoms. Keep receipts, warranties, packaging, and product manuals related to the defective product.
- Seek immediate medical attention. Getting medical help soon after the injury can prove that the product caused your injuries.
- Contact an experienced product liability lawyer. Our attorneys can guide you through your next steps.
Let Our Product Liability Lawyers at Richmond Vona Handle Your Case
The companies behind defective products use all their resources to avoid liability. That’s why you need a product liability lawyer from Richmond Vona on your side. Our team has helped countless clients get full and fair compensation for their injuries. We’re ready to put this experience to work for you.
When you turn to our attorneys, we’ll handle investigations, negotiations, and more while you focus on your recovery. Contact us online or call (716) 500-5678 to learn more about product liability claims during a free consultation.
