There are three types of product defects: design defects, manufacturing defects, and warning/instruction defects. All three types of defects have to do with a product being faulty or inadequate in some way.
To successfully sue for a defective product, you need to prove that: The defendant designed, manufactured, distributed or sold a defective product to the consumer. The consumer used reasonable care when using the product. The consumer was injured due to the defect in the product.
Some famous examples of product liability claims include the General Motors class-action lawsuit, the RoundUp weed killer lawsuit, and the Big Tobacco lawsuit. Common dangerous products that can result in product liability claims include fireworks, highchairs, pharmaceutical drugs, and defective medical products.
Important evidence to have includes: Defective product itself (preserve the product as best you can) All receipts, sales contracts, and other documents concerning the product. Documentation of injuries (i.e. photos, medical records, accident reports) Medical bills and payroll records to prove your financial losses.
To successfully sue for a defective product, you need to prove that: The defendant designed, manufactured, distributed or sold a defective product to the consumer. The consumer used reasonable care when using the product. The consumer was injured due to the defect in the product.
The statute of limitations on most product liability claims in New York State is three years after the date the injury occurred, or the date of injury discovery (if different).
What Is a Product Defect? When a product is defective, it means that the product has some kind of flaw or problem that makes it unreasonably dangerous to use. A product may be defective because of poor design, manufacturing errors, or a failure to warn consumers about potential dangers.
A product may have a defective design, a manufacturing defect, or the manufacturer failed to warn about the risks associated with using the product. A customer can prove the product is defective if they use the product as intended but suffer an unpredictable injury.
To successfully sue for a defective product, you need to prove that: The defendant designed, manufactured, distributed or sold a defective product to the consumer. The consumer used reasonable care when using the product. The consumer was injured due to the defect in the product.
Your lawyer must establish a direct link between the breach of duty (defective product) and the injuries that you sustained. The attorney must show that the defect was a substantial factor in causing the harm, connecting the defendant's actions or omissions to the resulting injuries.