When you buy a product, whether it’s a new toy for your child, a new car, or a bottle of medicine, you expect it to operate or function as it’s supposed to. After all, every product is supposed to go through a testing and approval product before it hits the market. Unfortunately, that isn’t always the case.
Thousands of people are injured every year by defective products. Though there are hundreds of recalls announced by the Food and Drug Administration, the Consumer Product Safety Commission and other agencies every year, dangerous products are still sold to average consumers. When these products cause injury, victims can take legal action.
The Long Island defective product attorneys at TonaLaw can help you if you have been injured in this manner. We are well-versed in state and federal law that governs consumer products, and we know how to hold manufacturers accountable. Call us today at 1-844-TONALAW, or contact us online for a free, no-obligation consultation.
How to Prove Your Defective Product Case
There are quite a few different methods your attorney may use to prove a manufacturer or other party was responsible for your injuries. No matter the method, your case will likely be based on one of four different elements:
- A design defect that made the product unreasonably dangerous for you to use
- A manufacturing defect or an error made when the product was actually being made that makes it dangerous to use
- Failure to warn users about a dangerous product, such as a small-parts warning on a toy or side effects listed on a medicine bottle
- Marketing misrepresentation, meaning the seller didn’t disclose how the product should actually be used or provided inadequate instructions or warnings
Once your lawyer decides why the manufacturer or other parties should be held accountable for your actions based on the options above (as well as others), they will decide how to proceed with your case. New York law allows product liability cases to be based on the theories of negligence, breach of warranty, tortious misrepresentation, or strict liability.
In these cases, your lawyer would claim that the manufacturer didn’t take proper care in designing or creating the product, or failed to provide proper warning about the dangers. Negligence can be hard to prove in these sorts of cases, which is why not many defective lawsuits are based on this theory.
Breach of Warranty
A warranty can be express, meaning it is written out or otherwise made clear, or it can be implied, which means that the product should work as advertised. If the manufacturer breaches this warranty, and the product causes injury, the manufacturer and other parties can be held liable.
Tortious misrepresentation cases are based on false or misleading information given by the product manufacturer. It may include the manufacturer intentionally misrepresenting the product; negligently misrepresenting the product by making statements they aren’t certain are true; or innocent misrepresentation, such as making a public statement about a product being safe when they didn’t know that it actually wasn’t safe.
Strict liability is the most common theory used in defective product cases. You don’t need to prove that the manufacturer or seller acted negligently or breached the product’s warranty. In fact, you don’t have to prove the manufacturer was at fault at all. Rather, you simply need to prove that the product was defective and dangerous when it was sold to you. You don’t have to show that the manufacturer or seller even knew the product was dangerous.
What Evidence Do I Need for My Defective Product Case?
If possible, be sure to keep the packaging the product came in. This can be especially helpful in cases of failure to warn, marketing misrepresentation, or tortious misrepresentation. If you don’t have the packaging, at least keep the defective product so your lawyer can use it as evidence.
In addition, you should keep all medical bills, receipts and other documents that directly relate to the money you lost or had to spend on your injury. Keep your medical records as well to demonstrate the extent of your injuries. If possible, take pictures of the injury for future use. All of this evidence will help your Long Island defective product lawyer build a strong case on your behalf.
Who We Serve
TonaLaw represents injury victims in Long Island, New York City and the State of New York. We have over 30 years of combined experience helping victims injured by defective products get the compensation they deserve.
We have a strong understanding of local, state and federal laws regarding defective products. That means we know how to take on the manufacturers and their lawyers to get fair compensation for you. Our Long Island defective product lawyers are supported by paralegals and other professionals to make sure your case always gets the full attention it deserves.
Speak to a Long Island Defective Product Attorney Today
Whether you suffered undisclosed side effects of a medicine or medical device, were in a wreck caused by a defective part of your car, your child was injured by a toy, or you or your loved ones were otherwise injured by a defective product, the team at TonaLaw is here for you. We will use our extensive legal experience both in and out of the courtroom to get the compensation you deserve.
TonaLaw is a no-fee law firm – We get paid when we win your case!
Don’t wait. Call us today at (631) 780-5355 or toll-free at 1-833-TONALAW for a free, no-obligation consultation with a Long Island defective product lawyer. You can also contact us online to schedule your free case evaluation.