What are the elements of a products liability claim?
A products liability claim is a special type of personal injury lawsuit that is intended to hold the manufacturer, distributor, or seller of a defective product accountable for any harm suffered by those who used the product. In New York, the elements of a products liability claim include: 1. The product was defectively designed or manufactured. This means that either the product was not designed according to safety standards or that there was an error in the manufacturing process that made the product dangerous. 2. The defect caused the plaintiff’s injury. The plaintiff must prove that the defect in the product was the direct cause of the injury they suffered. 3. The product was used for its intended purpose. The plaintiff must show that they used the product in the manner that it was intended to be used and that the injury would not have occurred if the product was used properly. 4. The plaintiff suffered damages. This means that the plaintiff must show that they suffered physical or financial harm as a result of the defective product. This can include medical bills, lost wages, and pain and suffering. These elements must all be met in order for the plaintiff to successfully bring a products liability claim in New York. By showing that all the elements are met, the plaintiff can ensure that they receive the compensation they are due for any losses they suffered as a result of the defective product.
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