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You may have been injured because a product was poorly designed or maybe because the manufacturer failed to warn you of the dangers its product posed. In either case, you may be able to bring a product liability claim to recover your losses. These types of claims can be legally complex and may involve more than one defendant. You need knowledgeable, tenacious product liability attorney Michael LoGiudice in your corner. Attorney LoGiudice makes sure his clients receive the monetary compensation they are entitled to.
What is a Product Liability Claim?
If you were injured or a family member was fatally injured as the result of a product, you may be able to bring a product liability claim. There are several types of claims you can make if a product caused injuries, both fatal and non-fatal, including:
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Product Design Defect: This type of claim arises when a product functioned like it was designed, but the design itself was defective. You must be able to show that a reasonable manufacturer should have known of the design defect and that it was reasonably foreseeable that the defect may cause injury to a product user.
Manufacturing Flaw: This occurs if a manufacturing error occurred rendering a product defective and dangerous. The manufacturing flaw must have resulted in the defective product and the product defect must have been responsible for causing your injuries.
Failure to Warn: A manufacturer has a duty to warn product users of the reasonably foreseeable ways said product may be dangerous. If you used a product in a foreseeable way and were injured in a way the manufacturer should have seen as possible, but failed to warn you about, then you would make this type of claim.
You can bring these types of product liability claim against different parties who may have played a part in putting the dangerous and/or defective product into the stream of commerce. These parties may include:
- Product designer
- Product manufacturer
- Retailer
- Product part supplier
There are several different legal theories that may be applied in a product liability case. One such theory is negligence. If you are alleging that a product manufacturer was negligent, that means the manufacturer did not take reasonable care in the design or manufacturing of the product. It can also mean they were negligent in providing adequate warnings about product use. Breach of warranty is another theory. Under breach of warranty, the manufacturer may have promised, or “warranted,” that a product would perform a certain way. In actuality, the product may not have done so and the resulted in injury to the user. Strict liability is the other common legal theory used in product liability cases and it focuses on the inherent dangers of the product itself.
Holding Companies Accountable for Dangerously Defective Products.
Companies creating products for consumers have a duty to make sure their producing something safe for use. If they don’t and someone is injured as a result, they should be held accountable. New York product liability attorney Michael LoGiudice is here to make sure this happens. If you have been injured due to a defective product, contact Michael LoGiudice, LLP today.