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What are the basics about products liability law?

Each year, defective products injure hundreds if not thousands of New York residents. Most of our readers have probably seen “recall” notices before, which are statements put out by companies to warn consumers of the danger of a product that is out in the market and available for purchase. When a defective product injures a consumer, a potential legal claim may exist under an area of the law known as “products liability” law. So, what are the basics about products liability law?

Well, for starters, products liability law falls under the larger umbrella of “tort” law. In a tort law case, one party – the injured party – is making a claim that another party negligently or recklessly caused the injury at issue. So, more specifically in a products liability claim, the injured party is usually claiming that a company, manufacturer or retailer either designed or manufactured a product in a negligent or reckless manner, or that one of the defendants failed to include adequate warnings with the product about potential dangers.

It is important to note that just because a product can present a danger does not mean that any injury caused by the product is the fault of the company, manufacturer or retailer. For example, a lawnmower can obviously be dangerous – but usually only when used improperly. As a result, in many products liability claims, companies will assert that the person using the product simply used it in a manner in which it was not intended to be used.

Products liability claims can lead to extended litigation. However, with the right approach, New York residents who have been injured by a defective product may be able to recover the compensation they deserve.