When to Begin Filing a Product Liability Claim (& How a Lawyer Helps)

One of the most complicated forms of personal injury is a product liability claim. Because of its complexity, it’s important for New York City plaintiffs to work with experienced product liability lawyers. When a large number of people are injured by the same product, class action lawsuits or multidistrict litigation may occur. If it is successfully shown that the product caused an injury or illness, monetary damages may be recovered.

However, to recover damages a plaintiff must follow certain rules or the case could be thrown out. The Levitsky Law Firm helps injured consumers with these claims and their rules.

Which Parties are Involved in a Product Liability Case?

The defendants named in a product liability lawsuit can include anyone involved in the chain of distribution. This means that the manufacturer, distributor, and retailer could be named. However, suing a manufacturer can mean suing more than one. Sometimes, a product is assembled using components made by other manufacturers. If it’s a component that was faulty, then both manufacturers can be named. Your New York City product liability lawyers will identify the proper defendants for your case.

What Is the Product Liability Statute of Limitations in New York?

Something else to understand about product liability is that you only have a certain amount of time to file your lawsuit. In New York, you have three years from the date of injury to file your claim. This can be from the day you were injured or from the day a physician diagnosed the symptoms. For example, a faulty breast implant might not produce symptoms until years after the implant was put in place.

Proving Liability and Recovering Damages

When it comes to proving liability, product liability cases are different than other types of personal injury. For instance, you don’t have to prove negligence when you can use the theory of strict liability. This means that liability comes about when a product has a defect that caused injuries. Strict liability is usually easier to prove than the negligence of the defendants.

The Levitsky Law Firm will look at the case to determine the best route to take. This increases your chances of recovering monetary damages from the defendant. The compensation helps pay for medical expenses and lost income. Pain and suffering could also be included. Obtaining the maximum compensation is why you need an experienced lawyer in your corner every step of the way.