What are the different types of product liability claims?

Product liability claims involve filing a lawsuit against a manufacturer, distributor, retailer, or other party for damages caused by a defective or dangerous product. In New York, claimants can pursue one or more of the following types of claims: 1. Negligence: Negligence occurs when a party fails to exercise a reasonable level of care when designing, manufacturing, marketing, or labeling a product, resulting in injury or damage to the claimant. 2. Breach of Warranty: A warranty is a promise made by a manufacturer that a product is fit for its intended use and free of defects. If a product is defective or does not perform as promised, a party can pursue a breach of warranty claim. 3. Strict Liability: Under strict liability, a party does not have to prove negligence or breach of warranty in order to recover damages for an injury caused by a product. All that is required is that the product was defective at the time of purchase or caused injury due to its defect. 4. Misrepresentation: With a misrepresentation claim, a claimant argues that they were not provided with full or accurate information about a product, which resulted in injury or damage to them. No matter the type of product liability claim, claimants must prove that they were injured or suffered damage due to the defect. Proving liability in product liability cases can be complicated, and it is important to work with an experienced attorney to pursue a successful claim.

Related FAQs

What is a product liability warning label?
What is a “risk-utility” defense to a product liability claim?
What are the different types of product liability claims?
What is the Restatement Third of Torts?
What is the Uniform Commercial Code?
What types of products have a higher risk of causing injury?
What are the components of a product liability warning label?
What actions can I take if I am injured by a defective product?
What duty of care do manufacturers have to consumers?
Who can I hold liable if I am injured by a defective product?

What are the different types of product liability claims?

Related FAQs

Related Blog Posts