The U.S. Consumer Product Safety Commission reports that more than 23,000 Americans lose their lives every year as a result of defective or malfunctioning products. Another 31 million are injured. Although we purchase most products to help us better accomplish a task, there are far too many instances where innocent people are harmed as a result of the product not performing as intended. If you are unfortunate enough to be harmed as a result of a dangerous product, you may be able to file a product liability claim.
What Is Product Liability?
Product liability is a type of legal doctrine that provides injured plaintiffs with the ability to take legal action against negligent parties after being harmed by products that are defective or malfunctioning. Product liability claims fall under a category of law known as tort.
Tort-based claims arise in situations that involve a breach of warranty, strict liability, or negligence. These claims enable injured parties to recover compensation for medical expenses, damage to their property, and various other economic and non-economic damages. To recover fair compensation, you must be able to identify the liable party.
Who Is Liable for My Damages?
Liability in defective product claims is usually determined by the specific type of defect that a product has.
Defective Design
If there is a defect in the design of a product, it is inherently dangerous for users. If the design of a product is dangerous, the designer or manufacturer can be held liable for your resulting injuries and damages.
Manufacturing Defect
If the manufacturer cuts corners when creating and assembling the product, they can be held liable for any resulting consequences that consumers experience. This type of defect often arises from manufacturers using the wrong materials or not assembling the products correctly.
Failure To Warn
A failure to warn occurs when the product labels do not have adequate information to protect users. This can be instructions for how to use the product or warnings about potential dangers. When there is a failure to warn, users may unknowingly misuse the product. In these cases, the manufacturer, retailer, or seller of the product can be liable.
If you were harmed as a result of a defective product, we encourage you to reach out to our product liability lawyers right away to discuss your rights.
Schedule a Consultation Today
At McPhillips, Fitzgerald & Cullum LLP, our seasoned personal injury lawyers are committed to helping injury clients in Chesterfield, NY, Glens Falls, NY, and Miami, FL, protect their rights after being harmed by defective products.
Whether you were injured due to a defective design, a manufacturing defect, or a failure to warn, our team will gather the evidence necessary to prove your claim and help you seek damages for your injury. To discuss your legal options, contact our personal injury law firm today at (518) 792-1174 to schedule a consultation.
