Those who were injured due to a defective product may file a claim under the legal theory of Product Liability. Most product liability claims operate under the theory of strict liability, which means that the injured person does not have to prove that the manufacturer/seller was negligent. Rather, strict liability claims only require that the injured party to prove that the product was defective; the product defect existed before its release into the marketplace; and the defect led to the consumer’s damages, such as medical bills or lost wages. In a New York product liability claim, there are three types of product defects:

  • Manufacturing defects
  • Design defects
  • Failure to warn of a product danger

Further, if a product is deemed defective, the injured party may hold the manufacturers and all other parties that are in the “chain of commerce” accountable. An attorney will work with you to pursue legal actions against the manufacturer or other entities responsible for the defective product.

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