When you use a product as instructed, it’s reasonable to assume you won’t get hurt. Unfortunately, however, defective and downright dangerous products hit the shelves every single day. And when they’re not recalled promptly? It’s consumers who end up suffering.
If you sustained serious injuries while using a product that shouldn’t have been sold in the first place, you’re probably wondering how to hold the manufacturer or retailer accountable. Generally speaking, it starts by filing a product liability claim. To learn what this entails, read on. Here are the answers to some of the most frequently asked questions on the subject:
1. What Kinds of Product Defects or Dangers Warrant Legal Action?
The majority of all product liability claims involve one of the following:
· A design defect,
· A manufacturing defect,
· A failure to warn, or
· A marketing misrepresentation.
Determining how the product in question was defective or dangerous is the first step to putting together a compelling claim because it allows you to identify the liable party. If you’re not sure where to start, a resourceful personal injury law firm should be able to conduct a comprehensive investigation on your behalf.
2. What Kinds of Damages Can You Include in a Product Liability Claim?
Injured consumers can seek compensation for both the economic and non-economic damages they incur as a result of using the defective or dangerous product. Economic damages might include medical expenses, lost wages, and objectively verifiable costs like those for reasonably necessary replacement services.
Non-economic damages tend to include pain and suffering, mental anguish, and emotional distress. Funds can also be awarded for diminished quality of life.
Finally, the injured party’s spouse may be entitled to compensation for loss of consortium. This refers to the harm the marital relationship suffered because of the victim’s condition.
3. How Long Do You Have to Sue a Manufacturer or Retailer for Product Liability?
In New York, the typical statute of limitations for personal injury actions is three years. That means if the liable party refuses to settle, you likely have three years from the date on which you were hurt to take them to court.
Keep in mind, however, that there are a few exceptions to this deadline. Should any of them apply to your case, you may have considerably less time to file a formal lawsuit. For this reason, it’s wise to seek legal counsel right away, so you can get your claim underway with plenty of time to pursue all possible avenues of compensation.
Speak with a New York Product Liability Lawyer
At Leitner Varughese, we’re not afraid to go up against even the largest manufacturers and retailers around the globe. If your life was derailed by a defective or dangerous product, let us help you seek justice.