Different Types of Product Liability

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Each year thousands of people are injured or killed as a result of unsafe products. Those responsible for the design, manufacture, and distribution of such unsafe products should be held responsible. Depending on the type of injury and the entity responsible, there are different types of product liability claims that may be filed on your behalf. At the New York law offices of Silberstein, Awad, & Miklos, P.C., we want to help ensure public safety by holding those responsible for defect products answerable.

Negligence

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 prove the following:

• That there was a duty owed to deliver a safe product
• The responsible party failed in this duty
• The failure actually caused in your injury
• That damages resulted because of the injury

Strict Liability

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. 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 for the product broke a written or implied warranty of the safety of a product.

There are three basic types of defects that lead to unsafe products:

• Design defects - the product itself is improperly or inadequately designed
• Manufacturer defects - the product was not properly built or assembled, leading to the injury
• Insufficient instructions or warning - the product was used incorrectly because of misinformation on its proper use

Seeking Damages

Once you prove your case, you may be able to collect damages. Some of the damages you may be able to collect include.

• Actual damages
• Lost wages and benefits
• Punitive damages

If you have been involved in a personal injury or have a loved one who died because of a defective product, you may be able to be compensated through the law. Silberstein, Awad, & Miklos, P.C., are available to help you make your case. Please contact New York's product liability lawyers today to schedule a free consultation.

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