Every year, thousands of people receive injuries or die as a result of unsafe consumer products. The people and corporations responsible for the design, manufacture, and distribution of these unsafe products should be held responsible. Depending on the type of injury, there are different types of product liability claims that we can file on your behalf. At the New York law offices of Silberstein, Awad, & Miklos, P.C., we want to ensure public safety by holding the right people accountable.
A common type of product liability requires you to prove that the manufacturer, distributor, or retailer was negligent in selling you an unsafe product. In order to prove negligence you must demonstrate the following:
• There was a duty owed to deliver a safe product
• The responsible party failed in this duty
• The failure resulted in your injury
• That damages resulted because of the injury
In strict liability cases, you do not have the extra proof of showing negligence. Because of the nature of the product itself, the manufacturer should know that injury might result due to its use. Holding manufacturers strictly liable is meant to ensure safer products. You still need to prove that the product caused an injury that resulted in some sort of loss or damages.
Breach of Warranty
With breach of warranty claims, you must prove that the manufacturer or any other entity in the supply chain broke a written or implied warranty of safety.
There are three basic types of defects that lead to unsafe products:
• Design defects
• Manufacturer defects
• Insufficient instructions or warning
If you have been involved in a personal injury or a loved one has died because of a defective product, you may be entitled to compensation. The team at Silberstein, Awad, & Miklos, P.C., are available to help you make your case. Contact our New York product liability lawyers today to schedule a free consultation.