Most of us do not imagine that something we bought at a store could seriously harm us, however, defective product accidents happen more often than many of us would think, and if you’ve been hurt in one, you should speak with a seasoned New York City & Westchester County defective product lawyer at once. Contact The Bàez Legal Group to learn more about product liability cases and how our firm can help you.
New York City & Westchester County Defective Product Lawyer | Here to Help
If you are someone who recently purchased a product of any sort and that product seriously harmed you, you may have a valid product liability claim. You can depend on a New York City & Westchester County personal injury attorney right here at our firm to fight for you.
Product Liability FAQ
If you’ve been hurt by a defective product, you most likely have several questions regarding who you will have to sue, your odds at winning your case, and more. Below, our New York City & Westchester County defective product lawyer has included a list of some of the most frequently asked questions regarding product liability claims.
Who is responsible when a product causes an injury?
Manufacturers, wholesalers, and sellers may all be responsible when a product injures someone. If the product is defective or it presents an unreasonable danger, and the defect or danger causes the injury, the injured party may have a case. These defendants can be found liable under theories of negligence, strict liability, or breach of warranty.
What kind of compensation or damages can be awarded in product liability cases?
Depending on the facts of the case, the plaintiff may recover compensation for medical bills, lost wages, and pain and suffering. Punitive damages may be available to the injured person as punishment to the defendant if the defendant acted in a malicious or grossly negligent manner. The level of the award and its application depends on the state in which the litigation takes place.
If I was seriously hurt by a tool I was using, can I recover from the manufacturer?
It depends. If the product was defective, either because of a design flaw or a manufacturing defect, then you may have a case. In addition, if the manufacturer failed to provide proper warning or instructions, you may have a case.
If the product that harmed me had a written warranty, how does that affect my case?
If the product’s warranty made representations about the performance or safety of the product, the product should have met these standards. If the manufacturer failed to meet its own standards for the product, that may help you show that the product had a design defect or manufacturing defect.
What if I threw away the product that injured me before I called a lawyer?
Although it is better for your case if you keep the product so that your lawyer or an expert can explore what kind of defects the product has, it may be possible to move your case forward.
What if I didn’t read the instructions for a product and then I got hurt?
If the instructions were clear and appropriate, and you were hurt because you did not look at them, then the manufacturer probably has a defense against legal action. But if you were hurt because of a design defect or manufacturing defect, then you may have a viable product liability case.
If a recalled product injures me, do I still have a case?
The product recall should not negatively affect your case. Whether you can use the recall as evidence of the harmfulness of the product or as evidence of what the manufacturer knew depends on the state in which the case takes place. If the recall was issued after your injury, you probably cannot use it as evidence of negligence. Sometimes evidence of a recall is inadmissible in court. Sometimes the evidence can be used to establish that there was a defect.
What if I modified a product and it injured me after that?
Alteration of a product by the user or another party can change the outcome of a personal injury case. If you modified the product enough so that the alteration contributed to the injury, it could reduce or eliminate your recovery. If the modification had no effect on the injury, then it may not harm your case.
Contact a New York City & Westchester County Defective Product Lawyer
An injury due to a defective product should never go unreported. If you’ve been hurt, our firm has your back. We are prepared to fight for you and the compensation you deserve. Contact The Bàez Legal Group today to schedule your free initial consultation with our firm.