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Prerequisites for a victorious product liability claim explains Manhattan product liability lawyer

August 6, 2008 (NewYorkInjuryNews.com - Product Liability)

Manhattan, New York (NewYorkInjuryNews.com) — Product liability claims vary according to the state where you reside. Normally, the basis for defective product cases is strict liability instead of negligence. That is to say, it is not essential to prove the defendant’s fault, but to win the case, your attorney must be able to prove:

* The concerned product was defective or unreasonably dangerous
* You had been injured because of the defect in the product when you used it
* The defect in the product led to the injury

Many states demand that to win such cases, you must prove that the product was both “unreasonably dangerous” and defective. This refers to the fact that there is an extent to which the product had been found dangerous and beyond that, it would be contemplated by the ordinary consumer.

The law suggests that there are several dangerous products available and that consumer must be aware of this when the purchase is made by them. Nonetheless, in case a defective product has been employed by the consumer in a way that any ordinary consumer is expected to and gets injured because of that, then a suitable case may exist.

A relation among the injury and the product defect is required by all jurisdictions. It may not be possible for you to file a case if you have been injured by the defective product, though not because of the defect in it. This argument must be expected if you are planning to pursue any case of product defect. Various cases of product liability lead to battle among the experts, where the defendant and plaintiff both make use of an expert’s testimony to deny or establish the link between the injury and the alleged defect.

A product liability lawyer with valuable experience can provide you with sound advice regarding the chances of success for your case, and how other defendants and manufacturer are expected to make attempts to get away from the liability.

Need answers to product liability questions? Complete the form below and get legal answers from Nicholas Papain - Product Liability Attorney in New York City

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