Consumers face various products, safety standards, and regulatory systems across the globe. They must also understand the complexities of our rapidly changing economy and competitive products. The market is filled with automotive parts, medical devices, recreational products, food items, consumer goods, health care products, and many others. It is increasingly difficult for consumers to decide whether to accept a potential new product or service.
Product liability law in the United States evolved from common law and product defect lawsuits. The idea was to encourage a safe product and penalize those who caused injury through a defective or dangerous product. The law protects consumers from unreasonable risks of harm from defective products. Here we will discuss product liability claims and how a reputable product liability lawyer in New York City can help you through your case.
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What is a Product Liability Claim?
Product liability law is based on the principle that an individual or company should be held responsible for injuries caused by defects in the design or assembly of a product. If a car is manufactured with a steering defect, and the steering fails, causing an accident that causes injury or death to occupants, the manufacturer may be liable for damages. The design of a product can be defective.
The manufacturing process can also be defective or both.
A consumer injured by defects in the product may seek recovery for their property damage, medical bills, and other financial losses. You may also file suit for pain and suffering expenses related to the accident. Sometimes, punitive damages are awarded to punish a company for gross negligence in designing or manufacturing a faulty product. Punitive damages can add up quickly and help deter other companies from producing defective products in the future.
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Common Products and the Liability Concerns You Should Know
Automotive parts such as tires, brakes, steering components, fuel tanks, and seat belts are some of the most common automotive parts on which product liability claims have been filed. Since automobiles are notorious for accidents in which wrongful death, injury, or property damage occurs, government agencies highly regulate these products.
The NHTSA mandates federal safety standards for almost any part of a car that could create a dangerous situation.
Food products are also frequently subject to product liability claims. Claims are made against manufacturers, packagers, and retailers of food products that contain contaminated or spoiled ingredients. Medical devices such as implanted pacemakers and heart valves have been targets of frequent lawsuits for defective design or failure to warn consumers about risks associated with the devices.
There have been many breakthroughs in bioengineering, genetics, and healthcare sciences in recent years. As a result, new pharmaceuticals have been invented, which may be dangerous if not properly labeled and distributed. Some drugs have been proven to cause a variety of health problems which can be dangerous, expensive, or fatal. The FDA is responsible for overseeing these products and guiding the industry in the proper way to manufacture and distribute them.
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Different Causes of Product Liability
Product liability claims can result from a variety of causes. Injuries due to the negligence of a manufacturer, distributor, or retailer can lead to these types of cases. There are three main categories into which product liability can fall. They include manufacturing defects, design defects, and marketing defects. A manufacturing defect is an error in the production of a product. Design defects are flaws in the overall concept of a product. A marketing defect is an error in how the product has been promoted and advertised.
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How Does an Attorney Help with Product Liability Cases?
A reputable product liability attorney can help you prove that a company was negligent and that a defect or dangerous product caused harm to you or your property. Your lawyer will work to determine if you are eligible for financial compensation for your injuries. They will also present evidence that shows that the product malfunctioned or produced an unreasonably dangerous situation.
A reputable product liability lawyer in New York City can help you present your case with the best possible chance of being successful. They will have the right experience and years of legal knowledge to navigate through any dispute. They have several essential tasks, such as gathering evidence and producing documents, obtaining expert witnesses, and communicating with the client. Your lawyer may also negotiate with insurance companies and other parties that could bear some responsibility for your injuries or damages.
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Tips to win your case
Keep copies of your medical records, copies of your billings, and receipts for work done on your car or home related to the product liability case. You can also record conversations with other family members or customers about your injuries. Take pictures and video records of the injury and how the product failed.
Research the product, how it works, how it was advertised, and the features. Document all statements company representatives made to you or your family before and after the accident. When looking for a product liability attorney to help with your case, look for an experienced lawyer with a good reputation.
To save innocent lives and prevent serious injuries, all manufacturers should ensure their products are safe for the public. If a manufacturer fails to do so and you become injured, you may be eligible for financial compensation for your losses. A qualified product liability lawyer in New York City will work hard at gathering evidence and building a solid case on your behalf.