A defective product is one that results in injury or damage to an individual because of some imperfection in the product or its labeling or the way the product was used.
Entities accountable for these defects include the manufacturers of primary component parts; the assembling manufacturers; the wholesalers; and lastly, the retail stores.
In the United States, the liability claims most commonly associated with product liability are negligence, breach of warranty, strict liability and other various consumer protection claims.
As a result of the many product recalls and liability lawsuits, many states have endorsed comprehensive products liability statutes; however to date there is no federal products liability regulation.
Generally, there are three types of product defects that attracts liability with manufacturers and suppliers; design defects, manufacturing defects and off course, defects in the marketing.
Design defects are fundamental; they exist prior to the product being manufactured. Although the product may serve its purpose, it can be very dangerous once utilized if there is a flaw in the initial design.
On the other hand, manufacturing defects crop up during the production or construction phase of the item. These flaws however, are usually nominal.
Defects with the marketing aspect of a product, usually results in improper instructions on product usage or failures to warn the consumer of possible imminent dangers
Products Liability is generally considered a strict liability offense. Essentially, strict liability damages are not dependant on the “degree of carefulness” by the defendant. In layman terms, the defendant becomes liable when the defective product is exposed; it becomes immaterial whether the manufacturer or supplier employed caution; if there is an imperfection in the product that causes harm, those individuals responsible will be liable for it.
At the Law Office of Igor Tarasov Esq., our attorneys are experts at handling the most complex of product liability cases. The manufacturing companies that design and market these imperfect products must be held accountable for their actions should you or a loved one is injured or worse, dies as a result of a defective product. Keep in mind time is always of an essence so contacting a product liability attorney to help you assess your situation is of paramount importance. As a consumer, we must seek to protect our rights to safe and harmless products.
Personalized & Experienced Legal Representation in NYC
At the Law Office of Igor Tarasov Esq. we help you to understand your judicial rights and the statute of limitations on your particular time-sensitive case.
We explore all options available to assist you in recouping monetary damages for medical bills, all loss of wages, rehabilitation cost and home care cost.
Remember, accountability helps reduce overall negligence and incidents.
Schedule a free case evaluation today with an experienced New York Personal Injury Attorney at the Law Office of Igor Tarasov Esq. at 718.368.0690.
Remember there are no fees unless we are successful.