Designers, manufacturers, and sellers of products have a duty to keep consumers safe by ensuring their products do not come with an unreasonable risk of injury. If a defective or dangerous product makes it to the marketplace in New York and you suffer injuries, it may be possible to prove one or more of these parties acted negligently and is, therefore, liable for your personal injuries.
The rules that apply to product liability injuries that occur on Long Island and in the five boroughs of New York City are complex. If you believe you have a case based on a defective product, you should discuss the facts of your injury and other damages with an attorney who takes on these product liability cases to learn more.
New York Allows Product Liability Actions Under Three Theories of Negligence
Victims of a dangerous or defective product may act against the manufacturer or another liable party under one or more of the following legal theories:
- Strict liability
- Breach of warranty
Most personal injury cases fall under the negligence theory. This requires you and your attorney to prove four elements:
- The manufacturer had a responsibility to ensure their product was safe.
- They failed to exercise reasonable care to ensure the product was safe, at least for its intended use and other foreseeable uses.
- Their failure caused your accident and injuries related to their product.
- You suffered physical injuries and documented losses.
While it is possible to build this type of case against a large corporation, you can imagine how difficult it could be to take on a multi-million or multi-billion dollar company and prove their quality control, inspection, or product testing protocols were lax.
This is one reason why strict product liability theory is more commonly used in these cases. Strict liability means you can hold the liable party accountable without proof of negligence or fault. There is no reason to prove that the responsible party or parties knew the product had a defect. Instead, you only need to present evidence to show:
- The product was defective
- As a result of the product defect, you suffered physical injuries and financial losses
There Are Strict Time Limits to Take Legal Action for a Defective Product
New York puts a strict time limit on how long you must take your case to court if you suffered injuries because of a defective product. Under CPLR 214(3), victims of a defective product generally have three years from the date of their injury to file a lawsuit on Long Island or in New York City. In some cases, such as when the victim passes away because of their injuries, the deadline may change.
When you work with a New York product liability lawyer on your case, they will be able to explain the deadlines and ensure you meet them, if you enlist their help in time. When our team takes on a product liability case, protecting our client’s rights and helping them recover just compensation is our top priority.
Building a Case and Seeking Compensation Based on Product Liability Negligence
By building a civil case against the designer or manufacturer of the defective product, you may be able to hold them accountable for your injuries, pain and suffering, and financial stress they caused. The laws and regulations that outline these cases are often complicated, but the evidence needed to prove your case will likely be more straightforward.
If Gacovino, Lake & Associates, P.C. believes your case is strong enough to recover a payout, we will offer to handle your product liability case based on a contingency fee.
In addition to proving the elements of strict liability, we will need to obtain relevant medical records, paperwork, and expert witness statements to prove the value of your related losses and expenses. This includes non-economic losses such as pain and suffering and mental anguish, as well as medical care costs, property damages, lost wages, and more.
Contact a Product Liability Lawyer About Your Case Today
If you suffered injuries because of an accident or incident involving a defective product, you may have a legal right to hold the product designer, manufacturer, or distributor liable under the state’s strict product liability law. Gacovino, Lake & Associates, P.C. has product liability attorneys that serve injured victims on Long Island, NY, and in the five boroughs of NYC.
Call Gacovino, Lake & Associates, P.C. today at (631) 600-0000 to speak with a member of our team about your possible claim or court case against the manufacturer of the defective product that hurt you.