When you become a victim of personal injury due to a defective problem, you need a personal injury lawyer, who has the knowledge, skills, and experience to ensure your rights are preserved and you get compensated for the injury. A defective product can be anything, right from children’s toys to a barbecue lighter.
Here are some FAQs related to personal injury due to defective products.
Q: What constitutes product liability in New York City?
A: Product liability occurs when a product is defective and hence, dangerous. This can occur due to flaws in the product design, a manufacturing error or a product that is sold without adequate warning about its inherent dangers.
Q: Could you give an example about personal injury due to a defective product?
A: Imagine your toddler has a building block game and the blocks are small in size, allowing the child to ingest it. This swallowed piece of the game could choke the child or result in intestinal blockage, necessitating an emergency surgery. In the worst case scenario, the child could suffocate.
Any product that is manufactured can lead to a product liability case. Even a motor vehicle, a crib with defective side rails or rear-impact guard located at the back of a semi-tractor trailer can be defective, resulting in personal injury.
Q: What do I have to present for my defective product liability case to be a success?
A: There are two ways to provide definitive proof about a faulty product that has lead to a personal injury.
One is the Consumer Expectation Test where the personal injury lawyer proves without doubt that the plaintiff used the product as it was supposed to be used. Second is the Risk Utility Analysis where the personal injury lawyer demonstrates that a product can perform as expected, but still have certain risks, and these risks outweigh the usefulness of the product.
Q: Do I have to have the faulty product with me to file a defective product personal injury case?
A: If you have sustained an injury due to a flawed product in New York City, it is advisable to retain the product. Your personal injury attorney will get experts to evaluate the product to figure out the defect and the reason for the defect and how it injured you.
In fact, both the plaintiff and defendant’s attorneys inspect the product during the court case. Hence, it is important you preserve the product and ensure you present it to your personal injury lawyer when discussing the case, especially if you want a favorable result from the lawsuit.
Q: Who will be responsible for a defective product – the manufacturer or the retailer?
A: While the manufacturer invariably has the responsibility to ensure that any product manufactured meets quality standards and is safe, but both the manufacturer and the retailer can be held liable in case of a defective product personal injury.
Again, this will vary based on the state you reside in. A seller may have convinced to purchase the product without highlighting the dangers or risks involved. If that is the case, the seller or retailer will be liable, but since the manufacture designs and labels the product, even the manufacturer is equally responsible.
A Law Firm that Shines so Bright
If you have sustained a personal injury due to a defective product, do not wait to contact a standout personal injury lawyer. In New York, you can rely on Rosenberg, Minc, Falkoff, & Wolff law firm since we know how to win cases and our track record speaks for itself.
Contact RMFW Law today at 212 697 9280 to speak to a personal injury lawyer. We know which legal avenues to take and when to take them. We know how to attack the other side and when to be cautious and when to be bold. The first meeting is free. You have nothing to lose. If your case is viable, we will let you know.