Although manufacturers generally try to produce safe products, sometimes things can go wrong, and you could be injured by a defective product. Product Liability is a specific set of laws, separate from general injury laws, that cover these specific incidents. A more detailed explanation of product liability visit LipsigQueens.com.
Causes
Typically product defects fall into one of three categories:
- Design defect - a defect inherent in the very design of the product, meaning the defect could manifest in any copy of the product.
- Manufacturing defect - a defect resulting from when the product was built, leading to potential issues.
- Marketing defect - a defect resulting from inadequate or inaccurate instructions and/or safety warnings, creating the possibility of improper use and thus injury.
Who's Responsible?
There are actually several possibilities as to who the responsible party could be, because of the laws of strict liability. This means not only could the manufacturer be held responsible for making a defective product, but the retailer could also be responsible for selling the product. Typically though, the manufacturer will likely be the main defendant.
Res Ipsa Loquitor
This Latin phrase, which means "the thing speaks for itself" is also a legal practice used in the case of negligence, which forces the defendant to prove they were NOT negligent in the manufacturing of the product, making it much easier for the plaintiff to win the case. Usually this is the option to look into in the case of a design defect.
What To Do?
It's probably no surprise that, should you be injured by a defective product, the first thing you or your family should do once you're able, is speak to a lawyer about your options. Product liability laws actually vary from state to state (there's no federal law for it), so consulting an expert is the best thing to do as soon as possible.
If you or a loved one has suffered a defective product injury in Queens New York you can contact the following lawyer:
Lipsig, Shapey, Manus & Moverman
24-20 Jackson Ave #208
Queens, NY 11101
929-239-4664
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