You should be able to trust that the products you buy are safe when you use them in the way that they were designed to be used. However, consumers are often hurt by common household products. Seatbelts and airbags may fail to deploy, for example. A power tool may have a defective safety guard, and the result could be an amputation. A gas tank may explode, killing those nearby. Even toys can be defective and may cause harm to a child or adult. If you have been injured or a loved one was killed by a dangerous consumer item, the skilled Syracuse product liability attorneys at DeFrancisco & Falgiatano can help you assert your legal rights.Defective Products
Under New York product liability law, manufacturers and sellers are prohibited from putting dangerous or defective products into the stream of commerce. When they do place dangerous or defective products into the marketplace, they are required to pay for injuries caused by them. If you are injured by a dangerous product, the state’s statute of limitations for defective products mandates that you file a claim within three years.
Generally, you can only seek compensation for a defect if it involves: (1) a design defect, (2) a manufacturing defect or (3) a failure to warn. Each of these requires proof of different elements. For example, if you are alleging a design defect, you will need to show the defectively designed product wasn’t reasonably safe because of the substantial likelihood of harm, it was feasible to design the product in a safer way, and that the defect was a legal cause of the injury you suffered. Theories under which you may be able to pursue damages include negligence, strict liability, or breach of warranty.Negligence
In a lawsuit based on negligence, the defendant’s actions are evaluated based on whether or not they are reasonable. Generally, in order to prevail in a claim like this you’ll need to prove by a preponderance of the evidence: (1) the defendant’s duty to use reasonable care, (2) breach of the duty to use reasonable care, (3) causation, and (4) damages. In other words, you will need to show that the manufacturer didn’t use reasonable care to make the product for its intended or foreseeable uses.
In a product liability case based on negligence, the manufacturer’s conduct is evaluated according to information that was available when the product came into the stream of commerce. It might be possible to show that there was negligence by proving that the defendant manufacturer didn’t stay current on technical literature related to the type of product involved in your accident. However, a defendant in New York may be still be able to defend itself by proving it used reasonable care in making or designing the product even though it didn’t adopt the safest possible practice. A dedicated product liability attorney can help you develop a strategy for responding to arguments of this nature.Strict Product Liability
A strict product liability cause of action can be established by showing: (1) the manufacturer knew or should have known the product was dangerous or defective, (2) causation, and (3) damages. Strict liability isn’t absolute liability; you’ll still need to show that the defect was a substantial factor in causing your injury in order to win your case.Breach of Warranty
A breach of warranty lawsuit may be based on either express or implied warranties. In a claim of this nature, a plaintiff would allege that a product did not perform as advertised, thereby causing injury. When a warranty is breached, a person who is injured can recover any damages that arise out of the breach.
Retain a Seasoned Product Liability Attorney in Syracuse Defective products can result in serious injuries or even wrongful death. You may be able to recover damages if you were harmed by a defective product in Syracuse. At DeFrancisco & Falgiatano, we have substantial experience representing people and families harmed by defective products. DeFrancisco & Falgiatano represents people in Syracuse, Rochester, and throughout Upstate New York, including in Binghamton, Cooperstown, Auburn, Canandaigua, Lyons, Elmira, Wampsville, Ithaca, Herkimer, Utica, Lowville, Oswego, Oneida, and Watertown. Call our firm at 315-479-9000 or contact us through our online form.