How Can I Prove the Product Was Defective?

First, the product that was defective needs to be preserved. This is because the product itself is an important piece of evidence. An experienced product liability attorney will be able to investigate where in the process of manufacturing and selling that the product was rendered defective.

It is critical that the injured person be able to demonstrate the extent of his or her injuries or illness caused by the defective product. Medical records, photographs of the injury and other signs of damage can all be used as evidence in your case.

When Can I File a Product Liability Claim?

The time limit for how long you have to file your claim beings as soon as the victim is aware of the injury or damage. While statutes of limitations vary from state to state, in New York victims have up to three years to file a product liability claim.  However, it’s important that you speak with an attorney as soon as possible.

What is Strict Product Liability?

Strict liability means the defendant’s behavior does not matter. In most personal injury cases, the defendant’s conduct is essential. Strict liability, however, means there is no analysis of whether the defendant acted by a reasonable standard.

What Type of Damages Can I Recover?

You can recover four different types of damages in a product liability case:

  1. Compensatory damages: These are damages you recover to pay medical bills, lost time from work or damage done by the defective product.
  2. Pain and suffering: These damages are for the pain you or your loved one endured as a result of the injury.
  3. Loss of consortium: These damages compensate you for the effect this had on your relationship with your spouse.
  4. Punitive damages: If the defendant’s conduct was extremely awful or egregious, the court may want to ensure the defendant never commits this act again, and therefore may award damages that punish the defendant.

If I Decide to Pursue My Case, What Do I need to Provide My Attorney?

You will need to provide you attorney with proof of your injuries from the defective product. This can include medical documentation and photographs. You will also likely need to provide the defective product itself. For a free case evaluation, contact our attorneys today at (800) 400-8182.

Free Case Evaluation

Complete this form to learn about your legal rights. All information is held in the strictest of confidence.