Consumers should expect that the goods or products they purchase are safe to use, and if the reasonable use of a product causes injury or death, these parties can be held liable for damages. Failure to warn consumers is one principle of product liability lawsuits; without adequate warning of the dangers associated with the use of a product, liable parties may be responsible for paying for damages associated with lost wages, medical bills, emotional distress, or wrongful death after the incident.
Overview of New York Product Liability Laws
While there isn’t a federal law regarding product liability, various kinds of evidence can be used to prove damages in this type of claim, including accident reports, the actual product, photos, expert witnesses, insurance documentation, and the product’s label. Lawyers can prove a product is defective with the appropriate documentation of injury, showing that the plaintiff used the product as intended and demonstrating that the injury was caused by the product. In addition to failure to warn or defective marketing, the two other types of product defects cover the following:
– Design defects, which include products that have been correctly manufactured; however, an inherent flaw was present before a product’s assembly, making the product inherently dangerous
– Manufacturing defects, which are errors that occur when a product is being made
Who Is Held Liable for Failure to Warn?
Product liability laws hold retailers, wholesalers, and manufacturers responsible for injuries to consumers due to failure to warn them about the product’s potential danger with appropriate safety instructions or warning labels. Failure to warn falls under strict liability, meaning the plaintiff doesn’t need to prove negligence or fault. Viable cases, however, must prove that the responsible party must have actually sold or used the product in the regular course of business.
Leav & Steinberg Can Represent You
If you’ve suffered an injury from a product that didn’t include an appropriate warning label, bring your claim to Leav & Steinberg LLP. Clients represented by our New York firm will work with an experienced defective product lawyer that can help build a strong case to support you in holding responsible parties liable. Request a free consultation today to discuss your claim with a member of our legal team.
