Defective Products FAQ

Many people in New York are injured every year by defective products. Whether the injury was caused by a defective design or insufficient warnings, dealing with an injury can be expensive.

Talking to an experienced lawyer can help you defend your rights and understand your claim.

What kinds of products could cause an injury?

Potentially, any product could cause an injury and be the basis for a defective product liability claim. There are three ways that a product could be defective:

  • Defective design: If the way that a product is designed causes injury, there is potential for a claim against the manufacturer. For example, a medical device that has a part that breaks when it is used and then causes injury may have a defective design.
  • Defective manufacturing: When a mistake made during the manufacturing process leads to a defect in the product that causes an injury, you could have a claim against the manufacturer for your injuries.
  • Defective warnings: Products that could be dangerous must have warnings. If you are injured by a product that does not have the proper warnings, you may have a claim.

What do I need to prove in a defective product claim?

There are four parts to a defective product claim:

  • Injury: It does not count if you were "almost" or "nearly" injured. You must have an actual injury.
  • Defect: You must show that the product was defective in design, manufacturing or warnings.
  • Cause: You have to show that the defect caused your injury.
  • Intended use: Finally, you must show that you were using the product in the way that it was intended when you were injured.

How long do I have to file my defective product claim?

The amount of time that you have to file your claim depends on what state you live in. Talking to a skilled product liability attorney can help you understand the timeline of your claim and what steps you need to take.

Call An Experienced Attorney Today

Talk to a skilled attorney as soon as possible after your injury to learn more about your rights and what comes next. If you have been injured by a defective product in the Albany area, call our free injury Answerline® at 1-800-LAW-7777 (1-800-529-7777 toll-free nationwide) or contact us online.