How does a court determine liability for a defective product?

A court will generally determine liability for a defective product based on the negligence of the party who is responsible for the defect. In New York, it is the responsibility of the plaintiff (the person bringing forth the lawsuit) to prove that the defendant (the party being sued) was negligent in providing a product that was defective. The plaintiff must prove that the defect was the result of a breach in the duty of care that the defendant owed to them. In order to do this, they must present evidence that the defendant either designed, manufactured, marketed, or sold a product that was defectively made. Additionally, they must prove that the defect caused them harm and that the harm was foreseeable. If the court finds that the defendant was indeed negligent in providing a defective product, they will then need to decide what kind of liabilities they will impose. Depending on the circumstances, the court may order the defendant to pay for the plaintiff’s damages or to provide a replacement product. The court may also impose damages for pain and suffering or even punitive damages when warranted. Ultimately, the court will decide liability for a defective product based on the degree of the defendant’s negligence and the amount of foreseeable harm that was caused. By proving each of these elements, the plaintiff can increase their chances of receiving a favorable outcome.

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How does a court determine liability for a defective product?

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