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Defective Products Attorneys Representing Plaintiffs in Syracuse, New York
Consumers should be able to shop for products online or in person without fearing that a defect contained in the product will result in serious injury. The same can be said when purchasing a consumer product following a recommendation or prescription from a healthcare provider. Yet defective products frequently give rise to product liability lawsuits in Central New York. If you need help filing a claim, an experienced Syracuse defective products lawyer at our firm can assist you.
Different Types of Product Liability Lawsuits in Syracuse, NY
There are many different types of product defects and consumer harm that can result in a successful product liability lawsuit in Syracuse. Examples of products that are commonly associated with product defect claims include, but are not limited to:
- Dangerous drugs;
- Defective medical devices;
- Household appliances;
- Cleaning products;
- Children’s toys and products;
- Auto parts and automobiles; and
- Food products.
The U.S. Food and Drug Administration (FDA), the U.S. Consumer Product Safety Commission (CPSC), and the National Highway Traffic Safety Administration (NHTSA) are responsible for identifying dangerous consumer products and, if necessary, recommending a recall. Yet it is critical for consumers to know that many products remain on the market for weeks, months, or even years before being recalled even if they pose a risk of injury to consumers.
Elements of a Syracuse Defective Product Claim
Many product liability lawsuits are brought under a theory of strict liability in Syracuse. In order to win a defective product lawsuit against the designer, manufacturer, or marketer of the product, you will typically need to prove the following elements:
- You suffered an injury;
- Product at the center of the case is defective;
- Defective product was the cause of your injury; and
- You used the product as it was intended to be used (or in a way that was reasonably foreseeable) when you sustained the injury.
Strict liability is a theory of liability that is only available in limited types of personal injury cases in New York, and product defect cases are among them. Injury victims often bring defective product lawsuits based on a theory of strict liability because there is no need to prove that the defendant was negligent. Yet you should know that, in addition to the theory of strict liability, product liability lawsuits in New York can also be brought based on theories of negligence or breach of warranty.
Liability for Defective Product Injuries in Syracuse, New York
Who is responsible for a defective product injury in Syracuse? Generally speaking, the designer, manufacturer, or marketer of the product will be liable based on the following types of defects:
- Design defect: With a design defect case, the defect occurs in the consumer product at the early stage of design. To be clear, the defect happens before the product is ever made, and there is no way in which the product can be produced in a safe way when a design defect is present.
- Manufacturing defect: With a manufacturing defect, there is nothing inherently wrong with the product because the design is sound. Instead, the defect occurs in the process of manufacturing the product. A manufacturing defect can occur in the manufacture of the overall product or in one of its components.
- Marketing defect (or failure to warn): Marketing defects occur when there is something wrong with the way the product is marketed. In many cases, marketing defects occur when there is a failure to warn consumers about certain risks associated with ordinary use of the product. As such, marketing defects are sometimes known as failure to warn cases.
Statute of Limitations for a Syracuse Product Liability Lawsuit
Most defective product cases will need to be filed within three years from the date of the injury, according to New York law. There are some exceptions to this 3 year period, such as injuries that are caused by exposure to dangerous product. Other exceptions to the 3 year rule may exist due to the tolling provisions of most statute of limitations in New York granted by the COVID-19 emergency executive orders. Additionally, there are a few other exceptions to this 3 year period for infants, those in military service, and for persons with mental disabilities. Failure to file your lawsuit within the applicable statute of limitation can result in losing your right to obtain financial compensation which is why it is important to contact a Syracuse lawyer as soon as possible.
Contact Our Syracuse Defective Products Attorneys As Soon As Possible
If you or someone you love sustained injuries as a result of a defective product, it is essential to begin working with an experienced Syracuse defective product attorney as soon as possible. You should take steps to hold the designer, manufacturer, or marketer of the defective product accountable for your losses. Do not hesitate to get in touch with our firm to learn more about your options to seek financial compensation. Contact Powers & Santola, LLP to find out more about a product liability lawsuit in Syracuse.
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