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New York Defective Products Lawyers Serving Injury Victims in Rochester
You should never have to fear that the consumer products in your home, from prescription medications to furniture and children’s toys, contain hazardous defects that could result in serious or fatal injuries. However, product defects do routinely cause harm and anyone who is injured should seek advice from an experienced Rochester defective products lawyer as soon as possible to learn more about obtaining financial compensation.
What is a Defective Products Claim in Rochester?
A defective product claim is another term for a product liability lawsuit. A product liability lawsuit, sometimes described as a products liability claim, is a particular type of lawsuit in which an injured person seeks compensation for injuries caused by a dangerous or defective consumer product. According to the Cornell Legal Information Institute (LII), “products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product.”
Who is Liable for a Rochester Defective Product Lawsuit?
Defective product claims typically arise out of one of three types of product defects:
- Design defects: These defects happen when the product is designed. Even if the product is manufactured as carefully as possible, it will still be defective since there is an inherent defect in its design.
- Manufacturing defects: These are product defects that happen in the course of the product getting made. In some cases, manufacturing defects will occur when a component of the product is being made, while in other cases, the manufacturing defect will happen when the product is being assembled. In either case, it may be possible to manufacture the product as it was designed in a safe manner, but the manufacturing defect will need to be addressed.
- Marketing defects: These defects are also known as failure to warn claims. Typically, marketing defects happen when a company does not provide consumers with clear or adequate warnings about dangers linked to use of the product.
Elements of a Rochester Defective Product Claim
Most Rochester product liability lawsuits will be filed based on a theory of strict liability. In a strict liability claim, the injured plaintiff does not need to prove that the defendant’s negligence caused the harm. Rather, the defendant’s association with the product as its designer, manufacturer, or marketer makes that defendant liable for resulting harm from consumer use of the product. In a strict liability defective product claim, an injured plaintiff usually needs to prove the following elements of a successful claim:
- Defendant designed, manufactured, or sold the defective product;
- Plaintiff suffered an injury; and
- Plaintiff’s injury was caused by the defective product.
Can I File a Defective Product Lawsuit If I Was Not Injured?
Consumers across the country might own a product that is subject to a safety recall, but it is essential to understand that you can only file a claim if you have suffered an injury. Simply owning a defective product or being in possession of a product that has been recalled due to a safety defect is not enough to file a lawsuit.
Filing Your Rochester Product Liability Lawsuit in a Timely Manner
According to the New York product liability statute of limitations, your product defect lawsuit must be filed within three years from the date of your injury.
The statute of limitations will be different for a wrongful death lawsuit following the death of a loved one due to a defective product. Under New York wrongful death law, wrongful death claims have a two-year statute of limitations, and the clock will begin ticking on the date of the person’s death. In addition, some statute of limitations in New York have been affected by the tolling provisions of the COVID-19 emergency executive orders.
Get In Touch with Our Rochester Product Liability Lawyers for Assistance
Product defects can be devastating, and it can take months or even years before a company voluntarily recalls its dangerous products. Even after a recall, defective products can remain on store shelves and can be sold to consumers through secondhand marketplaces. Given the sheer number of consumer products available, it can be difficult to know with certainty whether you are purchasing a product that is safe for use.
If you or your child suffered injuries because of a defective product, one of our experienced Rochester product liability attorneys can discuss your case with you. You could be eligible to file a lawsuit against one or more parties in order to seek financial compensation for your losses. Contact Powers & Santola, LLP to learn more about the services we provide to injured plaintiffs and their families in Rochester, New York.
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