People are often confused or misinformed about their right to sue after a product falters. Product liability cases can be extremely complicated and involve testimony from experts on both sides. Product liability cases are generally governed by state law, but some areas, such as implantable medical devices, may be preempted by federal law.
If you think you have a product liability claim, you need to consult with an experienced attorney. However, there are some key things to consider:
Is there a product defect?
Types of product defect claims include:
- Manufacturing defects – a flaw in the manufacturing process renders the item defective.
- Design defects – the product contains a serious flaw in its design, often compromising the safety of the consumer.
- Inadequate warnings – products that present a serious danger to consumers when used in a foreseeable manner must warn about it, and the warning must be sufficient.
Do I have an injury?
You need an actual injury. For individuals, this usually means significant physical harm. Damages can be recovered for actual monetary loss without physical injury, but our New York law firm focuses on injury cases.
How did my product-related injury occur?
Were you using the product properly? Say you were using a cable winch puller with a maximum load of 4,000 pounds, but you were using it to lift a 7,000 object. This is an example of misuse, or using a product beyond the scope of what it is designed. This may leave you without a valid claim.
An experienced NY product liability lawyer can give you answers about your specific case.