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What is the criteria for filing a product liability lawsuit?

On Behalf of | Sep 21, 2021 | Products Liability

New York residents who use defective products can suffer serious injuries. If you were injured after using a product the way it was meant to be used, you may have a legitimate claim to file a product liability lawsuit. It’s important to know the criteria for filing this type of claim.

What are the legal criteria for filing a product liability lawsuit?

Product liability claims rely on specific theories, including negligence, breach of warranty, strict liability, and tortious misrepresentation. The following elements must be in place and proven in a product liability claim in which negligence was involved.

• The manufacturer of the product owed a duty.

• That manufacturer breached the duty owed.

• The breach directly led to your injury.

• The breach was the cause of your injury.

• You suffered damages as a result of the manufacturer’s negligence.

Product liability claims based on tortious misrepresentation can be filed when there was misleading advertising of a product, and you suffered injuries. Breach of warranty occurs when you suffer harm from using a product that was under warranty.

Strict liability is in place when you suffer an injury after using a dangerous product. The manufacturer or seller may be negligent, but you don’t have to prove they were negligent. However, legal experts can help when you have suffered injuries due to product liability, and you want to know which type of lawsuit to file.

Suffering actual damages entitles you to file a lawsuit

In order to have a legitimate claim for product liability, you need to prove that you suffered actual damages. Minor injuries or a small financial loss may not warrant filing a lawsuit. However, if you have suffered significant injuries and a significant financial loss, you have a much stronger claim to file a suit.

If you have suffered injuries and damages because of a defective product, you should immediately take action. Filing a product liability lawsuit may help you fight back and recover the compensation that you deserve.