Manufacturers are responsible for personal injuries caused by defective products, whether or not the victims can prove negligence. The defects of a dangerous product are often linked to poor design or substandard materials, but they can also be caused by a failure to provide adequate instructions. When manufacturers fail to warn users of the potential hazards of a product, victims may be able to sue for their medical expenses, lost wages, and other losses.

Understanding Product Liability

What Is a “Failure to Warn”?

Every manufacturer is required to warn consumers of potential risks, either on packaging material or the product itself, depending on the nature of the product. Power tool manufacturers, for example, must warn users that failing to use the equipment properly can result in serious injury, and producers of children’s toys must clearly label choking hazards. Most states require these warnings to be prominently featured and easily understandable to the average person.

How Obvious Risks Affect Your Claim

While personal injury law holds manufacturers liable, victims also have a responsibility to avoid unnecessary risk. In defense, the manufacturer’s attorneys may argue that any reasonable person could have foreseen the hazard without the need for a warning label. To succeed, you will have to show that the accident in which you were injured was not obvious and predictable.

Can You File a Claim if the Product Was Misused?

Generally, manufacturers are only liable for injuries that occur when products are used as designed, but finding an alternate use for a product does not automatically bar you from collecting compensation. If the manufacturer should have predicted that consumers would misuse their products in a certain manner, you may still be able to file a personal injury claim.

If you or a loved one has been injured by a defective product, Neimark & Neimark is ready to provide the aggressive representation you need. As one of the premier personal injury firms serving New York’s Rockland and Orange counties, they offer caring attention and a proven track record of results. Visit their website to learn how they can help, connect with them on Twitter, or call (888) 725-7424 to schedule your free initial consultation.