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From automakers to toy manufacturers, companies that place products on the market have a duty to ensure they are safe for consumers. If a company fails to meet this obligation and you experience a personal injury as a result, you have the right to take legal action. Here’s what you need to know before meeting with an attorney.

A Guide to Product Liability 

What is product liability?

This is a type of personal injury lawsuit. If a product is defective or dangerous, a product liability claim can award damages for expenses like medical bills and wages lost due to time off work. There are three main types of product liability: design, manufacturing, and marketing.

What are the different claims? 

personal injuryA design claim addresses inherently hazardous design issues, like a car that is too tall to make stable turns and, thus, rolls over. A manufacturing claim occurs if an error was made in production; for example, a swing set may have been sold with a cracked chain. A marketing claim might involve inadequate safety warnings, like if a pill that causes drowsiness doesn’t say so on the label.

Who can be charged in a product liability claim?

This depends on the type of claim. Liability could lie with the product designer, the item's manufacturer, a supplier of parts to the manufacturer, a wholesaler, or even the retailer where the item was purchased. In some cases, several parties may share liability. 

What types of defense are possible in these cases?

The defendant might claim that your injury was not due to the product defect or that you acted negligently when using the product. For instance, if you were driving a car that rolled over, but you were going above the speed limit, you might be deemed partially to blame. 

 

Personal injury lawsuits are complicated, and product liability claims can be particularly tricky, as they often deal with large corporations with cut-throat legal teams. If you are pursuing such a claim, let the attorneys of Neimark & Neimark in New City, NY, help. They cover personal injury matters, including car crashes, slip and fall accidents, medical malpractice, and more. They make themselves available to their clients 24/7 to their clients in Orange and Rockland counties. Visit their website or call (888) 725-7424 to request an appointment with a lawyer.

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