There are few things worse than paying for a defective product, especially if the product injures you as a result of its defectiveness. If you are someone who has been injured by a defective product, you should read on and reach out to our experienced Queens product liability attorney today to learn more about filing a product liability lawsuit in NYS. Here are some of the questions you may have:
How do I know if I have a valid product liability lawsuit?
If you wish to take legal action against a negligent designer or manufacturer, you will have to prove that you were injured due to another party’s negligence. This is not always easy, as your attorney will have to first determine the responsible party and from there, gather evidence as efficiently as possible so he can prove your personal injury claim. Some of the most useful types of evidence can include security or surveillance footage of the accident, pictures of the unsafe product that caused the accident, the defective product itself, medical documentation detailing the extent of your injuries, police reports of the incident, any witness statements that corroborate your claim, and more.
Who is responsible for my injuries in a product liability lawsuit?
Oftentimes, people assume that the designer of a product is automatically the party responsible for their injuries. However, this is not the case. Below are the three primary causes of product liability accidents:
- Design defects: Those who create products for public use are responsible for ensuring their safety. Therefore, if you are injured due to a defective or negligent product design, there is a very good chance you will have a valid product liability lawsuit. However, you will first have to prove that there is a safer, more economically feasible way to create the product that does not hinder its function.
- Failure to warn: When designers make products, even if they are safe when used properly, they must warn the public of unsafe usage and instruct them on how to use the product safely. If these warnings are not included, people may become injured by improperly using a product that was otherwise safe.
- Manufacturing defects: These occur most often when manufacturers deviate from the product’s safe design. If you were injured due to a manufacturer’s negligence, you will most likely have a valid product liability lawsuit.