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A wide variety of serious injuries can result from products. A product might cause an injury due to a manufacturing defect, which means the product was produced or manufactured in a way that made it more likely to cause an injury. An injury can also be caused by a design defect, meaning the product is dangerous as designed. Finally, an injury might occur due to a failure to warn, meaning the possibility of injury is foreseeable but the maker of the product failed to warn the buyer about the potential dangers of the product.
There are generally three theories used to prove a products liability lawsuit. An injured person could claim breach of warranty. Warranties are assertions made about a product, whether express or implied. In a breach of warranty case, the product might be advertised to be safe for a particular use when the product is not safe for that type of use.
An injured person could also claim that the maker of a product was negligent in designing the product, in manufacturing it, or in failing to warn. To be successful in a lawsuit, a person injured by a product must show that the manufacturer's failures were the cause of the injuries. It must also be shown that the defendant's failure fell below the standard of care in the industry.
An injured person may also be able to sue based on strict liability. With strict liability, the maker of a product is liable simply if a product is defective. There is no need to show that they did or did not act with a proper standard of care; only that the product is defective. This can be a good option if the facts of the case allow it, because product manufacturing can be very complex, making it difficult to prove the elements of negligence.
Products liability cases can be very difficult due to the complexity of products on the market. At the law office of Manuel Moses, Esq., I can assist you in determining whether you have a valid case against a manufacturer or distributor of a product that may have injured you. You may contact me for a free consultation at 212-736-2624, extension 11.
Disclaimer: Nothing on this page constitutes formal legal advice and you are strongly urged to consult a lawyer about your injury and potential law suit.