Frequently Asked Questions About Defective Product Claims
What is the statute of limitation for filing a defective product lawsuit in New York?
In New York, if a product is defective and leads to injuries, the injured party has three years from the date of the injury to file a lawsuit. The injured party loses all compensation rights if a claim is not filed within three years. There are, however, some exceptions to the statute of limitations, such as in the case of unknown exposure to hazardous chemicals. If a defective product has injured you, it is crucial to talk to an experienced attorney to learn about your legal rights as soon as possible.
How are products proven defective in court?
For a successful defective product lawsuit, the product must have a demonstrable flaw or defect that made it unreasonably dangerous even when used as intended. The default may be in the design, the manufacturing, the instructions or the labeling. Evidence such as the product itself, expert witness testimony, medical records and more can help establish the defect. Our goal at Rutberg Breslow Personal Injury Law is to identify the cause of a defective product and liable parties to collect maximum compensation.
Can I sue a manufacturer if I was injured by a defective product?
Yes. Generally speaking, a product liability claim can be leveled against any entity in the chain that takes a defective product to the market, including the manufacturer, distributor or retailer.
What type of damages can I recover in a defective product case?
With a successful defective product case, damages can be collected to cover medical expenses, lowest wages, property damage, pain, suffering and other losses.
Does New York have strict liability for defective products?
New York has strict liability laws. Strict liability holds manufacturers responsible for injuries resulting from defects in a product, whether or not the manufacturer was aware of the dangers.
Talk To An Experienced Attorney Today
To talk to an attorney at Rutberg Breslow Personal Injury Law and start your defective product claim, you can call our New York firm at Callor complete our online contact form to schedule your free consultation.