What type of evidence do I need to prove a product defect?

In order to prove a product defect in New York, you will need to provide evidence to substantiate your claim. Depending on the type of product defect, the evidence could vary. In cases where the product is defective due to a design flaw or manufacturing issue, you will need to present evidence that the manufacturer or designer did not exercise reasonable care in producing the product. Such evidence could include witness statements, reports from qualified experts, product testing and inspections, and any proof of a defect due to negligence. If the product is defective due to inadequate warnings or instructions, you will need to show that the manufacturer or seller failed to provide adequate instructions or warnings regarding the product. Such evidence could include documents that show the warnings or instructions were not properly stated, as well as any evidence showing that the warnings or instructions were inadequate. For cases involving faulty packaging, you will need to show that the manufacturer or seller did not take proper precautions in packaging and shipping the product. This evidence could include any documents showing that the package or container was not properly sealed or protected, or that the product lacked proper labeling or instruction. Finally, for cases involving a breach of warranty, you will need to present evidence that the product was not fit for its intended purpose. Such evidence could include any documents or evidence that show the product was not manufactured according to the warranty, as well as any evidence that shows the product was not of satisfactory quality or function. In sum, when trying to prove a product defect in New York, you will need to present evidence that substantiates your claim. Depending on the type of defect, the evidence required could vary.

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