How is negligence determined in a defective products case?

In a defective products case in New York, negligence is determined by assessing whether or not the manufacturer, distributor, or seller of the product failed to exercise reasonable care in producing, making, or selling the product. In other words, the manufacturer, distributor, or seller must have done something incorrect in the making or selling of the product that caused the defect. If they did not take reasonable care in their actions, then they can be found negligent. For example, if a manufacturer is found to have skipped a required safety test before selling their product, then they can be held responsible for any harm the product caused. If a seller was aware that a product was defective and still chose to sell it, then they could be found negligent. If a distributor failed to inspect or maintain a product before shipping it out, then they could be held accountable as well. In order to successfully prove negligence, the plaintiff must be able to provide evidence that the defendant was, in fact, negligent in their actions. This can include records, documents, witness testimonies, or any other evidence that can help prove the case. A judge or jury will then assess the evidence to determine if the defendant was negligent or not. If proven negligent, then the defendant will be liable for any resulting damages from the defective product.

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How is negligence determined in a defective products case?

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