If you or a loved one has been injured by a product, you may deserve compensation. After all, products are supposed to be designed with consumer safety in mind. Companies want to create safe products for us, but also for themselves. A faulty product can hit companies with a severe loss of revenue and a poor reputation. To avoid this, most products are created safely. But, this is not always the case. Sometimes accidents happen and mistakes are made, and products can cause serious harm. Read on to learn more about product liability in New York and what to do if you have been injured by a product.
What Should I Do if I Have Been Injured by a Product?
- Do not throw away the product. If you have been injured by a product, you likely want to get rid of it. If possible, you should keep it, it may be a key piece of evidence in your case.
- Make sure you file on time. If you wish to take legal action, you will need to file your personal injury claim within a certain amount of time. This deadline is known as a statute of limitations. In New York, the statute of limitations for a personal injury claim is generally three years from the date of the accident.
- Retain the help of a skilled personal injury attorney. Product liability cases can be especially difficult, so you will want to work with someone who is experienced.
Responsibility & Burden of Proof
When it comes to a product liability case, there are three parties that may be held responsible:
- Design defect
- This occurs when there is an inherent flaw in the design of the product
- Your attorney will need to work with an industry expert to prove that there was a safer, but equally feasible and affordable way to create the same product
- Manufacturing defect
- This occurs when a mistake is made during the manufacturing process
- Your legal team will need to prove that the manufacturer deviated from the original design plans, resulting in an unsafe product
- Failure to warn
- This occurs when a product is manufactured and designed safely, but lacks adequate warnings or instructions to ensure it can be used safely
- Your attorney will have to prove that the product did not have proper warnings and labels
If you are injured by a product, reach out to our firm today.
Contact our Firm
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.