Law Offices of Anthony Carbone, P.C.

What Goes into a Product Liability Lawsuit?

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When you purchase a product, you have reasonable expectations that it is safe to use. You also expect that the manufacturer will have provided necessary instructions or warnings if there is a potential danger. This relationship between a consumer and a product manufacturer or seller is defined in the state’s product liability law.

Manufacturers and sellers are required to ensure a product meets the ordinary expectation of a consumer. If you get injured due to a defective product, you can hold them responsible for your losses. A Union City Personal Injury Attorney can help you file a product liability lawsuit.

When Is a Product Defective?

A product is defective if it is found unfit for its intended use. This means that a product that should be safe to use is instead dangerous. Generally, a product could be defective if it has:

 Proving Liability in a Product Liability Lawsuit

As the plaintiff, the burden of proof in a product liability case lies on you. You have to establish the following in court to receive a settlement:

Proving you were using the product as intended is crucial for your case. This is especially true in comparative negligence states where you could be assigned a percentage of the blame.

Legal Theories in a Product Liability Case

Product liability lawsuits are based on three legal theories. You need to assert at least one theory to be successful in court. However, it is advisable to base your case on at least two. The theories are:

 Contact a Union City Personal Injury Attorney Today

If you sustain an injury due to a defective product, you can sue a negligent party who was part of the supply chain. This includes the manufacturer, retailer, wholesaler, or distributor. A Union City Personal Injury Attorney can help you determine the at-fault party.

At Anthony Carbone Law, we understand that product liability cases can be difficult to navigate. This is why we are dedicated to helping injury victims get the compensation they deserve.

Contact us today to discuss how to bring your product liability lawsuit under the theories of strict liability, negligence, or breach of warranty.

 

References

https://www.alllaw.com/personal-injury/what-goes-into-proving-a-product-liability-case.html

https://injury.findlaw.com/product-liability/what-is-product-liability.html

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The information provided on this website about personal injury, family, and divorce law is not meant to be taken as legal advice. At the Law Offices of Anthony Carbone, based in Jersey City, we assist clients throughout Hudson County, New Jersey, including the communities of Union City, North Bergen, West New York, Newark, Jersey City, Essex County, Bayonne, Hoboken, Weehawken, Guttenberg, Secaucus, Greenville, Elizabeth and Marion. If you are in need of a personal injury or family lawyer or attorney, please contact us today.