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Product Liability Laws In New York
At Levitsky Law Firm, we want you to know what product liability is so that you understand the laws surrounding it in New York. Product liability is the responsibility of any company to compensate anyone who is injured while using something they manufactured. If this happens to you, you’ll need a personal injury lawyer in Brooklyn to fight for you.
New York State law says that you have as long as three years after injury occurs to file a lawsuit against the company that produced the product in question. After that, the statute of limitation expires. Your personal injury lawyer Brooklyn will inform you that there are two statutes ; New York Consolidated Laws, Civil Practice Laws and Rules, and Uniform Commercial Code, Section 2-A-212.
There are certain conditions that must be met in any case of product liability. The product that caused the injury must be considered at least an average quality product. It also must have been used properly and only for its intended purpose when the injury occurred. The product has to have been made the same way every time, i.e. not defective. Last but not least, it must have come in sufficient packaging with accurate labeling, and must conform to what the product promises it will do.
When it comes to any product liability claim, it is based on any of four relevant legal theories. Those four legal theories are strict liability, negligence, misrepresentation of the product and what it does, and any breach of the warranty that is implied when you buy the product in question.
If you find yourself with a product liability claim on your hands, you’ll need the services of personal injury attorneys Brooklyn. In the case of a strict liability claim, your lawyer will be tasked with proving to the court that the defectiveness of the product caused your injury to occur. As long as your lawyer can meet burden of proof, you will likely succeed in court.