Product Subject to Product Liability
Products subject to liability include medical devices, all consumer goods, personal/commercial vehicles, consumable goods, such as prescription drugs and food, and aircraft.
When plaintiffs claim product liability in tort, the manufacturer may contend that there was a fault on the plaintiff's behalf which overrules the original claim. If a defendant succeeds at raising a contributory negligence, intervening misconduct, or misuse on the plaintiff's behalf, he or she is not responsible for the original tort.
Contributory negligence is carelessness on the plaintiff's behalf which contributes he or she is the cause of the damages alleged in the tort. Misuse is the use of the said product for anything other than its intended use, and Intervening Misconduct is any involvement by a third party which may be responsible for the injuries in the claim.
In product liability tort, there are many counter-claims available for a defendant of a product liability claim, each tasked with finding fault for the damage with the plaintiff's misuse or negligence, which can serve as an appropriate standard of defense. NYC Product Liability Attorney Thomas Valet is highly experienced in the well-rehearsed area of product liability tort and can present a respective burden of proof in your defense.
Liability vs. Negligence
The terms liability and negligence are most commonly used in cases involving personal injury
. Liability refers to an individual's legal responsibility for the effects of their actions.
On the other hand, negligence leads to liability. For example, if an individual causes an automobile accident that results in the serious injury of another individual while under the influence of drugs, it is clearly a case of negligence as the careless behavior of the driver caused the situation that led to the accident. In other words, liability is mainly an act of commission, while negligence is an act of omission.
Compensation a victim is awarded often depends upon the ability of his or her attorney to prove without a doubt that the damage was a result of either liability on the driver's behalf that increased the likelihood of the injury, or negligence. Since the two principles are closely related concepts, if the attorney can convince the court of the responsibility of a person, company, or event in connection with his or her client, the plaintiff stands to receive a reasonable compensation amount for his or her injuries.
NYC Product Liability Lawyer, Tom Valet has been involved with cases concerning both negligence and liability for some time and can assist you with determining the best course of action for your particular case.
Some Common Examples of Product Liability Cases
Tom Valet is one of the highest rated Product Liability Lawyers in NYC and specializes in various product liability cases. Some common examples of product liability cases include:
Defectively Manufactured Products - A defectively manufactured product is faulty because of some error in producing it, such as the factory where it was invented. As an effect, the injury-causing good is somehow different from all the others that were put out for sale. For instance, let's say you are injured due to a pharmaceutical product, such as a particular bottle of aspirin you bought that happens to contain a trace amount of metal fragments that fell into it by accident at the factory where it was manufactured, this would be a product liability claim based on a manufacturing defect. In a defective product claim, the plaintiff must prove that the added ingredient, not your misuse of the product caused his or her injury.
Defectively Designed Products - Defective design claims do not involve an error in the manufacturing process, but rather the claim that an entire line of products, in essence, is hazardous whether or not the injury-causing product was made perfectly according to the manufacturer's requirements. For instance, a particular type of sunscreen that fails to protect the skin from ultraviolet rays would be considered defectively designed products. To win a case based on product liability due to defectively designed products, the plaintiff must prove the injury was a result of the defective design and not due to a fault of his her own.
Failure to Warn - A failure to warn claim involves a manufacturer's failure to provide sufficient warnings or instructions about the product's proper use. This type of claim often involves a product that is hazardous in some way that is not clear to the user or that requires the user to use special precaution when using it. For instance, let's say an electric tea kettle is assembled with an unusually placed steam valve that could potentially cause injury to the user if not used cautiously; however, the package fails to warn the consumer of this precaution. This would be a clear case of failure to warn. To win a product liability case based on failure to warn, the plaintiff must prove the injury was due to a failure on the manufacturer's behalf to properly instruct or warn, which resulted in him or her being burned by steam unexpectedly due to the unusually placed valve.