When defective products cause harm, most people think that they should go after the manufacturer of the product. They are not wrong, but this may not be the only party that needs to be held accountable. Retailers who sell defective products could also be held liable when they sell a product that injures somebody. A New York product liability lawyer can help you figure out if you have a case.
What Are the Main Causes of Defective Products Cases?
Generally, there are three ways that defective products can end up being harmful. The most common issues include:
Design defects: A defective product is dangerous and causes harm because of a problem in its original design. A good example would be a cooking appliance that was made with materials that could not handle high heat. It should have been clear from the outset that this product would be dangerous.
Manufacturing defects: The product design holds up to scrutiny, but something went wrong when the product was assembled. Defective products can easily be produced if the wrong materials are used or if crucial parts are installed incorrectly, and then those products can cause harm.
Failure to warn: The product has some kind of side effect or potential for danger, but the consumer is not warned about it. A good example of this could be the recent civil cases concerning Roundup, a weed killer that could carry significant health risks for those who are exposed to it often. Plaintiffs who developed cancer have successfully sued the product manufacturer.
How Do You Prove That Defective Products Were Harmful?
Plaintiffs who want to show that defective products caused them harm need to show a few things. They must show that:
- The product was used for its intended purpose
- The product was defective
- The user of the product was injured
- The defect was the cause of the injury
How Will Retailers Try to Defend Themselves?
Retailers are likely to argue that the products that they sell are not the problem. They might accuse a plaintiff of being careless or misusing the product. This is why it can help to have an attorney defending you and pushing back on whatever narrative the defense employs.
Do I Need an Attorney to Sue Over Defective Products?
You are not required to hire an attorney, but proving negligence can be tough. Cases involving defective products can also get complicated because they can include multiple defendants.
An attorney may also have access to resources that you do not, like medical experts. The testimony of such an expert could make your case far more convincing.
Contact Our Law Firm
So if defective products have injured you or a loved one, contact Zlotolow & Associates. We can schedule a free consultation and tell you more about your legal options. There’s nothing to lose, so take the time to meet with our legal team today.