FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

How to Prove Defective Product Liability Lawsuits in New York

Defective products cause thousands of injuries every year in the United States. This number is especially high in New York, a prosperous city where stiff competition and urgency to reach the consumer first compel many manufacturers to cut corners and compromise with the safety of their products. You may be the next victim. You need evidence of the following to prove defective product liability lawsuits in New York:

You were injured or suffered damage in any other way.

You have to prove that you were actually injured or suffered monetary loss after using a product to have a valid claim. You have to provide evidence of your injuries—medical records, photographs, or eyewitness accounts—to claim compensation. If you want to claim compensation for any other damage you may have sustained, like loss of valuable kitchen appliances when a defective stove exploded or damage to the premises, you have to provide evidence of your monetary loss.

The product you used is defective.

To prove that the product you used was defective, you have to provide evidence of one or more of the following:

  • The product has a manufacturing defect. This is usually a simple claim to make.
  • The product has a design defect. This is a comparatively stiffer claim to prove because you may have to also prove that the design of the product is “unreasonably dangerous.” You may have to provide expert testimony to back your claims.
  • The product did not come with adequate warnings about a possible usage hazard or a design defect. You can claim liability if the product did not come with warnings about a potential danger that is not readily apparent to the average user. You may also file a defective product liability case claiming that although warnings are included in the package, they are not adequate or readily comprehensible.

The defective product injured you or caused damage in any other way.

Eyewitness testimonies can help bolster your claims that you were injured or suffered damage of any other kind after using the defective product. However, you have to also prove that your injury was caused solely due to defective design of the product and not for any fault of yours. For instance, your car brakes have a tendency to jam due to a design defect. But your defective product liability case does not stand ground if the automobile manufacturer can prove that you were speeding and therefore couldn’t make the stop in time to avert a crash.

You used the product in exactly the way it is meant to be.

You have a valid case if you can prove that you were injured by a defective product even though you used it exactly according to the manufacturer’s instructions. However, in some cases, you also have a valid case if you can prove that you were not misusing the product even though you did not adhere to the usage guidelines to a T. This means that you were using the product like any other reasonable customer would do.

When you know what evidence you need to back your claims, your chances of enforcing a favorable outcome in defect product liability lawsuits in New York increase mightily.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader