Unfortunately, in some cases, products do not work as intended. Though typically, this is simply a waste of money, at times, defective products can result in serious injuries. If this is your case, read on to learn more about product liability claims and how a seasoned Buffalo defective product lawyer at Ramos & Ramos can help you through each step of the process ahead.
What is considered product liability in New York state?
Companies have a duty to ensure that their products are safe for their consumers to use. Failure to do so may lead to defects in their products, which in turn may lead to injuries and a potential product liability lawsuit. Notably, product liability issues are most commonly found with children’s toys, appliances, and motor vehicles, among other products.
What grounds can I use to file my product liability claim?
There are three different grounds that you may choose from when filing a product liability claim. They read as follows:
- Negligent product design: this occurs when the product designer fails to keep the consumer’s safety in mind when designing a product, which can pose a serious risk of injury. For your claim, you must prove that there was a safer, equally practical, and economically feasible design option that would not have hindered the product’s usability.
- Negligent product manufacturer: this occurs when the product was safely designed but the manufacturer strayed away from the initial blueprints, which resulted in an unsafe product. For your claim, you must prove that there was a deviation in design guidelines to cut corners that ultimately made the previously safe product become unsafe.
- Failure to warn: this occurs when the product was designed and manufactured safely, but the company failed to create warning labels regarding potential safety hazards a product may pose if used incorrectly. For your claim, you must prove that warning labels were not present or did not clearly warn to prevent your injury.
What should I do if I am injured by a defective product?
Certain steps will maximize your chances of winning a future product liability claim. For one, you should not simply throw away the defective product. Although discarding the product may be your instinct, it is needed as evidence to support your claim.
Additionally, you should collect photos of the product, the packaging, and the damage it inflicted on you. If applicable, you should also collect your police report, witnesses’ contact information, medical documents, medical bills, etc.
And lastly, you should employ a competent Buffalo, New York personal injury attorney as soon as possible. We will not stop our efforts until we obtain the financial compensation that you are entitled to.
Contact Our Experienced New York Firm
If you require legal representation for matters of personal injury in New York, contact Ramos & Ramos. Whether you were injured in an auto accident, a slip and fall, or under any other circumstances, we’re here to help.