What type of proof do I need to establish a defect in a product?
To establish a defect in a product, you must provide legal proof that the product was defective when it was sold or given to you. In New York, this means that you must prove that the product did not meet the manufacturer’s own standards of quality, that any instructions, warnings, or other labels on the product were inaccurate, and that the product failed to perform its intended purpose. In addition to providing evidence that the product was defective, you must also prove that you suffered an injury or harm as a result of the defect. This may include physical injuries, property damage, financial losses, and other forms of harm. Furthermore, you must demonstrate that the product was not misused or abused prior to the defect being discovered. This means showing that you used the product in the manner it was intended to be used, and that you followed any instructions or warnings provided by the manufacturer. In order to make a successful claim, you must provide evidence of all of the above. This may include photographs, medical records, repair records, expert testimony, and other forms of evidence. You should also consult an experienced attorney who can provide advice and guidance on how to best proceed with your case.
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