Bronx & Westchester Product Liability Attorney
When a product is dangerous or defective, product liability laws are the set of regulations that hold parties along the chain of manufacture liable for consumer damages. If harmed by a product, do not hesitate to take legal action immediately – contact a personal injury attorney in Westchester County today. Our Bronx & Westchester product liability attorneys can help.
Three Types of Product Defects
When pursuing a civil action on the basis of product liability, a plaintiff must prove that a product was a defective, and that the defect therefore made the product unreasonably dangerous. There are three primary types of defects – manufacturing defects, design defects, and labeling defects.
The first, a manufacturing defect, alleges that while the design of the product was safe, something occurred during the manufacturing of the product to make it unsafe. A design defect, on the other hand, alleges that the product is inherently dangerous in design alone, regardless of how it is manufactured. And third, a labeling defect suggests that they product’s label or description did not provide proper instructions for safe use, or did not make potential risks of use known.
Theories of Liability
In a negligence-based claim, the type of defect will have to be proven in order to demonstrate that the manufacturer of the product acted negligently. Negligence is one theory of liability under which a product liability claim may be pursued.
In some cases, however, a strict theory of liability may apply. Under the theory of strict liability, the manufacture of a product is held liable for harm caused by the product based on the obvious dangerous nature of the product. In this type of claim, you do not need to prove that a manufacturer violated the standard of care (acted negligently) in making the product; you are only required to demonstrate that the product is defective or/and dangerous.
In some cases, other theories of liability that may apply include intentional misrepresentation, breach of implied warranty, or/and breach of express warranty.
Types of Defective and Dangerous Products
There is no limit to the type of product that may be designed or manufactured in a defective or dangerous manner. Some of the most common product liability suits involve the following product types.
- Household cleaning products;
- Children’s toys;
- Cribs and furniture; and
- Medications and medical devices.
In order to file a product liability suit, you will need to prove that the product in question was defective, the defect was the direct cause of your injuries, you suffered damages (medical expenses, pain, etc.), and that you were using the product as intended at the time of injury.
Consult with a Bronx & Westchester Product Liability Attorney
Understanding theories of liability in a product liability claim, as well as types of product defects, can be confusing. The skilled Bronx, Westchester, and Westchester County product liability attorneys at Cavallo & Cavallo can guide you through everything you need to know about filing a claim. Contact us as soon as possible to get started, and remember that all claims for personal injury and product liability must be filed within three years’ time in New York. For a free case consultation, call us today at 914-235-8500.