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How to issue a claim for product liability by New York Product Liability Attorneys

July 25, 2008 (NewYorkInjuryNews.com - Legal Education, Product Liability)

New York City, NY (NewYorkInjuryNews.com) — A defective product is one of the main factors which causes damage or injury to an individual due to a weakness or flaw a product, inaccurate labeling, or the manner in which the products was used. Nevertheless, the manufacturer and any who are involved into the chain of trade are generally liable for the damages and injuries as a result of the defective product.

While the applicable laws in regards to defect product cases differ from state to state, there are a couple of legal theories common to all jurisdictions that might form the basis for a winning a successful liability case. Those theories are as follows:

Manufacturing defect: In cases of a manufacturing defect, the damages are caused due to a defect or some kind of fault in the manufacturing or making of the product. For instance, if a bicycle was made with a fault in the frame which breaks off when used, and as a result, caused injury or damage to the person riding the bicycle, this would be an example of a manufacturing defect.

Design defect: Design defect are caused when damage or injury takes place due to poor designing (even if there may be no fault in the product itself). A general example would be if a piece of an industrial machine was made without protection devices and proper safety, and due to this, a worker is wounded at the time of using the particular machine.

Inadequate warning or a failure to warn: Such cases refer to the injuries when occur due to the failure of a warning on the product which is known to be potentially dangerous, and was sold without giving a proper caution to the customer. For instance, the over the counter medication sold without a warning on the dangers of using with some other prescription, excessive intake or the probable side effects form the use of that medication.

If any of your family member or you has been hurt or injured from any kind of product defect, it is suggested to consult a legal representative at the earliest time to guard your right of recuperation. Nevertheless, make sure that the attorney is familiar with product liability/ defective product cases and the laws of that jurisdiction.

This information is brought to you by a New York Product Liability Attorneys contributing panel. If you have questions related to product liability, defective products or anything related to personal injury, complete the form below and our team of product liability attorneys will write a legal answer for you.

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