What If a Defective Product Is Old?

Feb 12, 2021

If a product is old enough and sold at retail, is there a product liability case? The answer depends on what state you are in and what type of defect the product was sold under. In other words, how long has the product been on the market? If it has been on the market for more than two years, there is a pretty good chance that you have a case.

If a product can be proven defective after two years, then it probably is not impaired. The U.S. Consumer Products Safety Commission advises that the product must have been on the market for at least six months before the lawsuit can be filed. In most states, this is a year or two. But, some states require only five or six months. It may be a different case, where the defective product has been on the market for ten years. If you think that you have a faulty product on the market for thirty years without any replacement, you probably do have a case.

The manufacturer’s warranty is usually a good defense against a product liability claim. If a product has a manufacturer’s warranty, the manufacturer is at least relieved of responsibility. The manufacturer’s warranty provides them with protection for making the products. If a product has limited time or limited warranties, it is a weak defense.

If a product has an extended manufacturer’s warranty, you have a stronger case. The manufacturer’s warranty usually covers you for the product’s entire lifespan. If the product was installed when it was sold and if it is under contract, the manufacturer’s warranty protects the product from all defects for that full year. So, if you install a faulty product that was covered by the manufacturer’s warranty and you live in a state that requires a special warranty, then you probably have a case.

If you believe that you may have a defective product case, you should contact the professionals. The Brooklyn personal injury attorney family will help you with your needs. With a case like this, you want a strong Brooklyn personal accident attorney. That’s why you need to call the Levitsky law firm today to file your case today with a Brooklyn personal injury lawyer. You’ll be glad you talked to a Brooklyn accident attorney today.