People who have been injured by defective products have the right to sue for compensation under product liability laws, which hold designers, manufacturers, distributors, and retailers responsible for ensuring the quality of the products they sell to consumers.
There are three general categories of defective product, as discussed in our defective products : design defects, manufacturing defects, and marketing defects. Any of these types of defects may be the basis of a successful product liability suit.
Product liability suits can involve a variety of different products, including medications, children's toys, foods, housing materials and real estate, and virtually any other consumer product on the market. With some exceptions, any product that causes a consumer harm could potentially be the subject of a product liability case.
Types of product liability claim
Specific causes of action in product liability suits include:
- Strict liability—This is a simple concept, in which the injured party does not need to establish that the responsible party was aware or should have been aware of the risks associated with a given product; but simply shows that the damages suffered were caused by the product in question.
- Breach of warranty—Breach of warranty cases are based on the claim that the liable party (manufacturer, retailer, or other commercial entity) made a guarantee that the product was suitable for a given purpose. This warranty can be either express warranty, in the form of a written or explicitly stated guarantee; or an implicit warranty, in which the product's suitability for a specific purpose is implied. In a breach of warranty suit, the consumer must prove that the warranty in question existed, and that the product failed to perform according to the standards guaranteed.
- Negligence—Negligence claims are based on the claim that the designer, manufacturer, or retailer responsible for a product had a duty to foresee dangers of the product in question, and failed to notice and avoid the product defect responsible for an injury.
Virtually every product on the market can potentially pose some risks to consumers, and even in strict liability cases, it can be difficult for a consumer to prove that damages suffered were the direct result of a defect of the product in question. That is why it is so important that you consult with an experienced product liability attorney as soon as possible if you believe that you have suffered damages from use of a defective product.
Free, no obligation consultation
If you're in the New York area, call or email The Stanley Law Offices today to speak with one of our experienced product liability attorneys about your product liability case. We will review your case with you in detail, and help you determine how best to move forward in seeking compensation for the damages you've incurred.
