How To Prove a Product Liability Claim?
Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner. Products containing inherent defects that cause harm to a consumer (or someone to whom the product was loaned, given, etc.) of the product would be the subjects of product liability suits. While products are generally thought of as tangible personal property, products liability has stretched that definition to include intangibles (i.e., gas), natural (i.e., pets), real estate (i.e., house), and writings (i.e., navigational charts). Products liability is derived mainly from torts law.
Elements you need to prove in a product liability case:
- There was an actual loss of property, injury, or death: You and your attorney must provide evidence of injury, death, or property loss to demonstrate the existence of the defect, such as medical records, police reports, and eye witness testimonies.
- The product was defective: A personal injury lawyer must prove the existence of a defect. While obvious defects – such as holes in a car’s airbags- can be easy to prove, you may not have grounds for a claim if the reasonable use of the product comes with dangers.
- The defect causes your property loss or injury: An attorney must prove that your loss of injury is the direct result of the defective product.
- You used the product as a reasonable individual would have: However, if you did not use the product as the manufacturer intended, your claim may not be successful.
Compensation for victims of defective products:
Those who suffered injuries from defective products may be entitled to compensation. Victims can pursue recovery for damages through a product liability claim, which may include compensation for:
- Past, present, and future medical expenses
- Pain and suffering, both physical and mental
- Diminished loss of future earning capacity
- Loss of enjoyment of life and
- Permanent disabilities
If the manufacturer acted with gross negligence or recklessness, punitive damages might also be available. If you lost a loved one because of a dangerous or defective product, although nothing can truly make up for the loss, you may have the right to file a wrongful death claim. A wrongful death lawsuit can provide surviving family members with monetary compensation and a sense of closure after the loss of a loved one.
The team of attorneys and lawyers at NYC Injury Attorney P.C law firm are eager to get you started on your journey to financial compensation for your injuries. We pride ourselves in helping many clients and their families achieve financial security for costs stemming from their accidents. The attorneys of NYC Injury Attorney P.C have a proven track record of fighting for needlessly injured clients compassionately and aggressively. If you or your loved one is a victim of a product liability case, contact The NYC Injury Attorney P.C law firm for the best case.
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