What are the elements of a “negligence” product liability claim?

A negligence product liability claim in New York requires the plaintiff to prove four elements. First, the plaintiff must prove that the product was defective. This means that the product was unreasonably dangerous or not properly designed or labeled, or that too few safety features were included in the product’s design. Second, the plaintiff must show that the product was used in a manner that was consistent with its intended use. This means that the defect caused the injury and could have been reasonably foreseen. Third, it must be proven that the plaintiff suffered an injury or incurred damages due to the defective product. This includes physical injuries, economic losses, and any other losses the plaintiff experienced as a result of the defect. Finally, the plaintiff must show that the defect was the proximate cause of the injury or damage. This means that the defect was the direct and foreseeable cause of the injury, and that there were no other intervening factors. In New York, proving these elements can be difficult and complex. Product liability cases often involve complicated scientific and engineering evidence, so it is important to consult an experienced attorney to ensure that your rights are protected.

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What are the elements of a “negligence” product liability claim?

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