What are the Elements of Strict Product Liability?

Sophia Soraya

June 2, 2022

Every year, thousands of people are injured in New York by defective or dangerous products, such as personal care items, medical devices, or even an auto mechanical error. The term “strict product liability” essentially refers to a seller or manufacturer being held responsible, regardless of intent, for selling or placing a defective product into the hands of a consumer.  

What Are Different Types of Product Defects?

Under the strict product liability law, you must prove in a product liability case that the product that caused you an injury was defective and that the defect made the product ridiculously dangerous. There are multiple types of defects that might cause an injury or raise a manufacturer or product liability:

  • Design Defect: A defect that is present from the beginning, even before it is manufactured, making it unsafe for use.
  • Manufacturing Defect: A defect that occurs while a product is being manufactured.
  • Marketing Defect: Any sort of flaw in marketing a product, such as inadequate instructions, insufficient safety warnings, or misleading labeling.
  • Malfunctioning Defect: A defect that doesn’t allow a product to work as intended, leading to injuries or fatality.

Who Is Liable for Strict Product Liability?

The responsibility for a product’s defect could rest with any party in the product’s chain of distribution, including the following:

  1. The product manufacturer
  2. A manufacturer of component parts
  3. The entity that assembles or installs the product
  4. The wholesaler
  5. The retail store that sells the product to the consumer.

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Can I Receive Compensation for Using a Defective Product?

If a defective product causes you severe injuries, then you are entitled to compensation for your economic and non-economic damage according to the product liability law, such as the following:

  1. Loss of earning capacity, loss of profits, or loss of employment benefits, such as pension
  2. A permanent disability
  3. Current and future medical expenses
  4. Pain and suffering
  5. Property damage costs
  6. House adjustment costs
  7. Loss of quality of life
  8. Punitive damages, in cases where the supplier or manufacturer shows gross negligence for the consumer’s safety

How Do I Win a Strict Product Liability Lawsuit?

To successfully win a product liability lawsuit, you need to determine defects regarding design, manufacturing, and safety warnings. So, it is vital to prove that the manufacturer failed to provide a safe product or even warn you or your loved one about the risks involved in using the product.

Contact A New York Personal Injury Lawyer to Discuss Product Liability Damages

Product liability attorneys represent people harmed by these harmful products and attempt to get them any compensation they may deserve. A majority of insurance companies push you to settle for less or try to dismiss your product liability claim. Further, the process of building a product liability case is complex, as it involves collecting medical evidence, and expert witnesses, and having a thorough understanding of negligence law.

A New York Personal Injury Lawyer at Varcadipane & Pinnisi, P.C. can help protect your or your loved one’s rights, gather the appropriate evidence, and negotiate on your behalf so you receive compensation that you’re legally entitled to under state law. Call us at (866) 643-0606 or contact us by completing the form on our website.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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