According to the US Consumer Products Safety Commission (CPSC), roughly 3 million injuries and at least 20,000 deaths in the United States are caused by defective products. More than 220,000 children are injured every year as a result of playing with defective toys.
In 2005, Dell recalled more than 220,000 laptop batteries with a high risk of overheating and causing fires. In 2006, Toyota recalled more than 1.4 million cars because of defective parts. Also, approximately 7% of all personal injury lawsuits are cases involving product liability.
If you have been injured or have had to suffer other losses as a result of a product you used, you may be able to file a defective product liability lawsuit. Although the details of what you need to prove in your claim vary from state to state, products liability law mandates you to prove the following elements in your claim:
- You were injured or suffered damages or losses
- The unit or product shipped or sold to you is defective.
- Your injury was caused by the defect.
- You used the product as directed or intended.
A defective product is one that causes some type of injury or damage because of a defect in the product or labeling or the way the product was used. In most cases, the manufacturer, and other parties in the commerce chain that involve the products that caused the injury, is liable for injuries caused by defective products. The majority of defective product claims can be categorized into one of three main categories: strict liability, negligence, or breach of warranty.
Depending on the type of injuries, and severity, you suffered, you can recover compensation for:
- Funeral and burial costs (in cases of deaths caused by the defective product)
- Hospitals bills from the past
- Current costs of treatment
- Lost wages
- Damage to property (in cases where the defective product causes damage to the plaintiff’s property in addition to their health)
- Permanent disabilities
- Future cost of living (in cases where the defective product causes a permanent disability that hampers the plaintiff’s ability to make a living in the future)
- Pain and suffering
It is important to stand up for your legal rights and take action against the negligent party to receive compensation for the damages you suffered as a result of the defective product you used.
Finding the Right Lawyer
A product liability attorney can provide you with legal expertise to help you make informed decisions about the best ways to pursue your claim. With a lawyer, you can get the representation you need during the course of your legal proceedings. If it is possible, an attorney can also work to help you obtain the best possible settlement for you so that there is no need to go to trial.
If you or someone you know has been injured or had to succumb to other losses due to the use of a defective or damaged product, you should immediately seek the counsel of one of some of the best product liability attorneys at Rosenberg, Minc, Falloff,& Wolff of RMFW Law at 212 697 9280 in the entire state.
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