Product Liability laws will vary depending on the state you are in, and you need to know what the laws are in New York. If you feel that a defective product has injured you, you may have a product liability case. However, you need to know more information about these laws in New York, what liability the manufacturer has and what the statute of limitations for these claims will be. Here are some product liablity information and lawsuits.
The Manufacturers Liability
New York law requires that all product manufacturers and sellers ensure that their products are not dangerous to the users or defective in any way. If there are any parts of the product which may become a hazard the company must include a warning on the product. Additionally, if the manufacturer is aware that any particular way of using the product is hazardous, they have a duty to warn the buyers.
The liability of the manufacturer and seller of the product is to advise the buyer of any potential hazards that come with the use of the product. However, a product liability lawsuit may also be filed if the design of the product was faulty and would cause injury to those who use it. If the injuries sustained by the claimant could have been avoided if the manufacturer has designed a better product, a lawsuit may also be filed.
Who Can File A Claim?
Before you decide to file a product liability lawsuit, you will need to know who is legally allowed to file these claims in New York. In New York, the person who has been injured by the faulty product or the representative of the estate of an individual who has died as a result of the faulty product may file a lawsuit. You will need to prove that the product was dangerous to you before it left the control of the manufacturer. If you cannot verify this, there is a risk that your claim will not be upheld because the manufacturer can counter-claim that the product became dangerous after it left their control.
When filing a product liability lawsuit, you will also need to show that the manufacturer did not warn of the risks of using the product. The use of the product will need to be reasonable and within the scope of the product design. If the product was used for something other than what it was originally designed to do, the manufacturer might not be held liable for the damages.
The Statute Of Limitations
Most areas of law will have a statute of limitations which means that there is a legal timeframe for the lawsuit to be filed. In New York, the statute of limitations for product liability lawsuits is three years. This means that you will need to file your lawsuit within three years of the injury caused by the faulty product. If you cannot file within the three years, you legally lose the right to file a lawsuit for the claim.
There are some exceptions to the statute of limitations that you need to be aware of. The primary limitation is that the clock on the statute may only start running once the injury has been discovered. In these cases, the 3-year statute of limitations will only start running from the date of discovery of the injury or illness.
Defective Design Of A Product
There are many different product liability lawsuits which can be filed and one is the defective design of a product. If the injury you sustained is due to the defective design of a product, this is the claim that you would file. The claim states that the product is functional, but that the design was negligent and if the manufacturers had taken the time to design a better product your injury would not have occurred.
This claim states that a reasonable manufacturer would have known that the design of the product was defective and that it would cause injury or death to the user. Once the hazard which caused the injury has been identified in the product, the designers should have followed an accepted design priority which reduces the possibility of the dangerous condition. This will include designing out the dangerous condition without destroying the functionality of the product.
The manufacturer should also have considered methods which could guard against the dangerous condition if it cannot be designed out. If the dangerous condition could not be guarded against, a clear warning must be provided to the user.
Another case which can be filed is a manufacturing flaw case. This case can be filed if the injury or death from the faulty product was caused due to errors in the manufacturing process of the product. The claim will need to show that the manufacturing of the product created a dangerous condition which causes injury or death and is not related to the design of the product.
Manufacturers Failure To Warn
The manufacturer of a product has the duty to inform potential users of any danger that comes from the use of the product. If the manufacturer has failed to uphold this duty to a reasonable standard, you can file a lawsuit. You will need to prove that the manufacturer did not warn users of any danger which they were aware of which could come from the reasonable use of their product. In these cases, the product will need to have been employed for the primary purpose and not for any secondary purpose which is not supported by the manufacturer.
Filing a product liability lawsuit can be difficult because you will need to show that the manufacturer was either aware of the dangers or negligent in their creation of the product. It is recommended that you hire an attorney to help you file these lawsuits as they will be able to determine which type of lawsuit you should be filing. You will also need to be honest with your attorney when it comes to how the product was being used.