Fairness in Product Liability Claims

It’s not uncommon to hear scary news about the products we use every day. Whether it’s a toy with a choking hazard, a product that contains asbestos, or an appliance known to catch fire, it can be stressful and harrowing just to use the products we buy every day. 

Once you’re injured by one of those products, the hardships may get started in earnest. You’re facing a product liability claim, but is your claim fair? Or, does the defense have an unfair advantage? Today, we’re tackling what could happen when you seek compensation from a manufacturer, especially when that’s a big company or corporation. 

Fault for Product Defects

First, finding fault is more complex than it may be for other claims. You’re not just finding the person who hit your car, for example, or who directly injured you. Instead, you’re dealing with injuries caused by an inanimate object. That already puts you at a disadvantage, if you don’t know where to begin. 

Typically, a product defect claim will be brought against the manufacturer. They’re responsible for the damage their products do, in many cases. 

Unfortunately, that means you’re facing a liability claim against a corporation. Typically, these businesses will have access to more lawyers and resources, which makes it harder for people like you to get the compensation you need. Getting a fair claim may require a lawyer, since the defense likely won’t want to pay for your suffering. 

Proving Liability

After you’re injured, you’ll need to focus on proving they were liable for the accident. New York does not have specific product defect laws, unlike many states, so you’ll need to rely on information from the civil law codes for your state. 

Unfortunately, that can be a little confusing. You’ll need to prove that the manufacturer was negligent and didn’t make sure their product was safe, breaching the laws on safety, packaging, or labeling. 

The manufacturers won’t make that easy, though. Instead, they and their lawyers will do what they can to make sure they don’t have to pay for your recovery. Because New York doesn’t have stricter laws on product liability, it can be tougher to fight back, too. 

Are Product Liability Laws Fair? 

While the laws made to protect consumers should do just that, that doesn’t mean they’re always fair. Instead, it can feel like these laws benefit and protect the manufacturers, leaving you to struggle with the suffering you’ve been put through. 

While an NYC personal injury attorney can help you build a case and fight for the fair compensation you need, many people don’t seek out the help they need. Instead, they’re stuck with the costs of their recovery and the suffering they were put through because of a dangerous product. 

 

If you’re concerned about the fairness of these laws or others, make sure you know what to expect, as well as what measures you can take to protect yourself and your future.

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