What Happens in a Product Liability Claim?
Published on:May 1, 2015

Consumers are constantly using various kinds of products that can lead to harm, personal injuries, and even death. No matter the products you are using, whether it is a laptop with an overheated battery, prescription medication, or a car with airbags that fails to deploy among others, some might cause serious side effects and injuries. If you suffer a personal injury in Staten Island as a result of using a given product, you can sue to recover damages through your personal injury attorney. However, to prevail in product liability case, you must show that the manufacturer of the product was negligent.

What Happens in a Product Liability Claim?Negligence and Liability

Not all injuries you suffer as the result of using a product means you can recover the damages. To win the case, you need to show that the manufacturer of the product was negligent in some manner. The manufacturers owe customers the duty of care to their entire products released into the market: the products must be safe use. Usually, you prove that the manufacturer was aware of the defect or should have aware based on the information available to it. If the manufacturers negligently release products that pose danger to the consumers, they will be liable for the damages caused by the products.

In product liability cases, if you want to sue the manufacturer for the damages suffered as a result of the using its products, you must prove one of these three things:

  • The manufacture designed an unsafe product. In a given circumstance, the manufacture designs a product without any defect, but the product causes substantial harm. For instance, a company manufacturing drugs that create medication designed a flawed product because the product is dangerous in nature. Sometimes the company manufactures the drug safely and correctly, and without contamination issues, the nature of the drug might cause harm to consumers.
  • The company manufacturers a defective product. A lot of product injury cases arise because the manufacturer didn’t build its products correctly. In a situation of negligence in the creation of products, the manufacturer is always held responsible for injuries suffered by consumers. It is inappropriate for a manufacturer to release a product with defect to the marketplace.
  • The product manufacturer failed to include the necessary warning. Some products have inherent dangers, but are desirable and useful to consumers. For instance, over the counter medication are readily available to the average consumers, but only restricted to certain purposes. Any consumer who misuses over the counter medications can easily get injuries. This is why manufacturers are required to include certain warning labels on products that might pose serious risks if inappropriately used by the consumer. However, if the manufacturer negligently fails to include such warning labels and you suffer a personal injury after using the product, the manufacture is liable for the resulting damages.

Seek Legal Help from Personal Injury Lawyer

Product liability cases are very complicated, and determining the legal fault usually requires testimony and assistance of experienced personal injury attorney. There are many defenses that might defeat such a claim and lots of theories under which you might bring a claim. Staten Island and the surrounding areas have specific statutes and laws that can affect the action of product liability. So, it is important to consult an experienced personal injury lawyer if you or your loved one suffers an injury as a result of a potentially dangerous or defective product.