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Every time you pick up an item to buy, whether at a clothing store or supermarket, you are operating on the understanding that the product is safe. In most instances, you’re right, and you go on to use the item without issue. In other cases, however, what you purchased can cause injuries that leave you with medical expenses and emotional distress.  

If you have suffered losses because of a defective product, you may be entitled to file a claim against the liable parties. Product liability claims are not simple processes, however, so one of the most important things you can do is hire an attorney to assist you.  

They can guide you in understanding strict liability and all of the factors that impact your case. Here are some key aspects about beginning a product liability claim in New York that you need to know. 

Strict Liability and What It Means for Your Claim  

Product liability cases are a bit different from other personal injury claims. In the majority of the latter, you have to demonstrate that the other party was negligent, meaning they owed you a duty of care that they breached.  

In New York product liability cases, however, the doctrine of strict liability applies. This puts the focus on the product itself and showing that it was defective, but doesn’t require that you prove the manufacturer was negligent. The defendant’s mindset or intentions are generally not important for these claims.  

Automatic liability may apply to the defendant if the product was faulty and led to the injuries. You must show that the product posed an unreasonable danger and that you used it correctly or as should have been foreseen by the manufacturer.  

Types of Product Defects 

One of the types of product defects that you can encounter is a design defect. Design defects involve issues that are present from the start and make the product inherently dangerous, so there is no safe manner in which it can be used. These defects impact all products made with that design.  

Examples would be a car that is prone to rolling over or a toy with detachable parts small enough to be choking hazards. These are issues that are inherently present. 

Another type of product defect occurs during the manufacturing process. Manufacturing defects involve a product that has a safe design, but some error during the manufacturing process has made it dangerous. Typically, these errors impact only one batch of products and not the entire line.  

Examples include baby formula with a contaminated ingredient or a power tool with a safety switch made of a material that overheats and melts because the manufacturer didn’t follow the design recommendations. The design for all of these products is safe, but the execution introduced an error. 

The third type of product defect you may encounter is a marketing one, also called a failure-to-warn defect. These occur when the manufacturer doesn’t provide enough instructions or warnings about any risks. A product that would otherwise be safe can pose a danger because consumers may not know how to use it correctly.  

Medications without warnings about interactions or side effects are examples of this type of defect. Another example would be a flammable product that doesn’t carry a warning about not placing it near a heat source.   

Who Can You Hold Liable in These Claims? 

The first thing you’ll need to do to know who could be liable is to understand what type of defect the product has. If it had a design defect, then the designer is to blame, but if the problem occurred during manufacture, you’ll need to know whether the product was pieced together from parts made in different factories or if one single location created it. 

If the marketing was the problem, then there may be other parties responsible for your losses. Distributors and sellers have a responsibility to the public to sell safe products, so if they fail to warn of dangers and injuries occur, they can be liable.   

Ask4Sam to Begin a Product Liability Claim 

If you were hurt because of a defective product, one of the options you have to recover losses is to file a personal injury claim. These cases can be complex, making a lawyer’s assistance vital. 

At Silberstein & Miklos, our experienced team of New York product liability lawyers can assist you in all aspects of your claim. We’ve recovered over $1 billion for our clients, and you never pay us a fee until we win. Contact us for a free case evaluation today.