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Defective product claims and strict liability

| Oct 28, 2020 | Uncategorized |

New York residents understand that defective products cause injuries that can be the basis for product defect claims to the manufacturers and some retail sellers. These are mostly products associated with mandatory recalls for known problems, often stemming from class action lawsuits. But there are also cases where isolated instances of product defects can create injury as well. Isolated cases of defective products can be difficult to prove without an experienced attorney who understands how to investigate the material case facts for indications of malfunction. Plus, it is not necessary to prove that the manufacturer knew this before marketing the item. This is called strict liability.

Regardless of the problem with any defective item, manufacturers and sellers are responsible for what they sell when the item arrives on the market. This includes small sellers as well as major distributors of defective products who continue to sell items on a mass scale in hopes new purchasers will not have the same experience. This is assuredly a bad business practice, but it indeed does occur.

The underlying principle of strict liability is that attorneys need not prove negligence on the part of the respondent distributor or manufacturer. All that must be accomplished is prove the item was purchased by the injured client and used it resulting in the claimed injury. This claim can be due to defective design or ineffectiveness with respect functional claims by the manufacturer. Retailers can sometimes be exempt when they were led to believe otherwise also. Identifying the true responsible party can be difficult in some cases, but an experienced New York product defect attorney will know the dynamics of crafting a solid case.

The biggest problem many injured claimants face will be a defense of personal contribution to the injury, but this can often be overcome when the case is presented in court. The issue is not how the injury occurred as much as the product being defective right off the shelf. Damages are often extensive as well, especially when a sympathetic jury awards punitive damages for serious injuries following a trial when your New York product defect attorney presents a strong case in court.