Product liability
Let us know if you have been injured as a result of a defective product and what rights you may have against the manufacturers and distributors.
Product Liability in New York and New Jersey: Understanding Your Legal Rights
When we purchase a product, we expect it to be safe for its intended use. Unfortunately, sometimes products are defective or dangerous, and can cause serious injury or even death. If you or a loved one has been injured by a product, you may have a product liability case. It is important to understand your legal rights and options in New York and New Jersey.
What is Product Liability?
Product liability is an area of law that holds manufacturers, distributors, and sellers of products responsible for injuries that occur due to defects or dangers in the product. A product can be defective in three ways:
- Design Defects: A design defect is a flaw in the product’s design that makes it dangerous, even when used as intended.
- Manufacturing Defects: A manufacturing defect is a problem that occurs during the manufacturing process, which makes a product dangerous, even though it was designed to be safe.
- Marketing Defects: A marketing defect occurs when a manufacturer fails to provide adequate warnings or instructions for the safe use of the product.
Common Types of Product Liability Cases
There are many types of product liability cases, including:
Defective Vehicles: This includes cars, motorcycles, boats, and other types of vehicles that have design or manufacturing defects.
Defective Medical Devices: Medical devices such as hip implants, pacemakers, and insulin pumps can cause serious injuries if they are defective.
Dangerous Pharmaceuticals: Prescription and over-the-counter drugs that have dangerous side effects or were not properly labeled can cause injury or death.
Defective Consumer Products: This includes everyday products such as toys, household appliances, power tools, and electronics that have design or manufacturing defects.
Legal Implications of Product Liability
If you have been injured by a defective product, you may be entitled to compensation for your injuries. In New York and New Jersey, product liability cases are governed by strict liability laws. This means that the manufacturer or seller of the product is responsible for the injury, regardless of whether they were negligent or not.
In addition, there is a statute of limitations for filing a product liability lawsuit. In New York, you must file a lawsuit within three years of the date of the injury, while in New Jersey, you must file within two years. It is important to consult with a personal injury lawyer as soon as possible to ensure that your case is filed within the appropriate time frame.
How a Personal Injury Lawyer Can Help
A personal injury lawyer can help you understand your legal rights and options if you have been injured by a defective product. They can investigate the product and gather evidence to support your claim. They can also negotiate with insurance companies and the manufacturers of the product to ensure that you receive fair compensation for your injuries.
In addition, a personal injury lawyer can help you determine the best course of action for your case. This may include filing a lawsuit, negotiating a settlement, or pursuing an alternative dispute resolution method.
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