When Can You Sue for a Defective Product?
When you buy a product, you expect it to be safe to use and work as advertised. If the product turns out to be a defective one and if you are injured as a result, you have every right as a consumer to hold the manufacturer accountable.
Companies that manufacture consumer goods have a legal obligation to make sure their products are safe for their intended use and have the duty to warn consumers about any risks involved in using the product. When they fail in their duty, they can be held liable for the resulting injuries and deaths.
What Constitutes a Defective Product Under New York Law?
According to New York product liability laws, any product that contains a flaw or deficiency which makes it unsafe for its intended use can be considered a defective product. The three types of deficiencies that can render a product defective include:
Design Defects
These are flaws or issues that are present in the product's original design. In other words, the problem exists before the product is even manufactured. Design defects affect all units of a product that adhere to the same design. For example, a car design that makes it prone to rollovers could be considered a design defect.
Manufacturing Defects
These defects occur during the manufacturing or assembly process. They affect only a portion of the products produced, rather than the entire product line. Manufacturing defects can result from errors in the production process, such as a malfunctioning machine or improper assembly. A batch of medication contaminated with the wrong ingredient due to a manufacturing error is an example of a manufacturing defect.
Marketing or Labeling Defects
These defects pertain to inadequate or misleading instructions, warnings, or labeling on a product. If a product lacks proper warnings about potential dangers or fails to provide clear instructions for safe use, it can be considered defective. This includes failing to warn consumers about known side effects of a medication or not providing proper safety instructions for a piece of equipment.
When Can You Sue a Company for a Defective Product?
In order to sue a company in New York for a defective product, you need to prove the following legal elements.
- The product in question is defective.
- You suffered an injury, developed a medical condition, or were harmed in any other way as a result of using the product.
- Your injuries were caused directly as a result of the defects in the product.
- You used the product as it was intended to be used.
It is important to note that a product cannot be considered defective just because it does not look or work as advertised. It can be considered defective or dangerous only if causes an injury or illness or physically harms you in any other way.
Similarly, if you modify the product in any way or if you get it modified by a third-party, you cannot sue the manufacturer for any injuries resulting from using it.
Types of Compensation Can You Recover in a Defective Product Claim
The compensatory damages you can recover include:
- Current and future medical expenses
- Rehabilitation expenses
- Therapy
- In-home care (in case of a physical or cognitive disability)
- Cost of assistive devices
- Lost earnings
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Loss of consortium
- Diminished quality of life
Injured by a Defective Product? Our New York Product Liability Lawyers Can Maximize Your Compensation
If you have been injured by a defective or dangerous product, the experienced New York product liability attorneys at the Law Offices of Michael S. Lamonsoff can help you. We can evaluate your case, determine who can be held liable, build a strong case, and fight hard to obtain the maximum amount of compensation possible.
Led by award-winning personal injury lawyer Michael S. Lamonsoff, our legal team has more than 150 years of combined legal experience and has a long track record of resolving complex product liability claims.
Don’t delay – let’s start building your case now. Call us at 212-962-1020 or contact us online to schedule a free consultation with a top-rated New York defective product attorney.