Product Liability: Is There Really Consumer Satisfaction?

June 2, 2011 - PRLog -- Product liability claims have long been a staple of life in the United States and New Yorkers are no strangers to this issue. People have been injured, harmed and some have even died due to product defects. It’s well known that large corporations are well protected legally to mount an effective defense against these claims. So, what chance does the New York consumer really have?

According to well-known New York Product Liability Attorney Robert Siegel at The Law Firm of Robert Siegel, a lot depends upon the case experience and general expertise of the law practice dealing with this type of claim.
Many law practices seem to be immersed in so many legal specialties, that it is hard to determine whether product liability is really a core skillset of the firm.

Meanwhile, many states have enacted consumer protection statutes providing for specific remedies for a variety of product defects. Statutory remedies are often provided for defects, which merely render the product unusable (and hence cause economic injury) but do not cause physical injury or damage to other property; the “economic loss rule” means that strict liability is generally unavailable for products that damage only themselves. The best-known examples of consumer protection laws for product defects are lemon laws, which became widespread because automobiles are often an American citizen’s second-largest investment after buying a home.

Robert Siegel points out that, in New York and throughout the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims. The majority of product liability laws is determined at the state level and varies widely from state to state. Each type of product liability claim requires different elements to be proven to present a successful claim.

Companies spend countless time and money ensuring their products is safe to go on the market. However, products are still responsible for numerous injuries each year. Product liability lawsuits can be brought against the designer of the product, manufacturer, distributor, and the establishment that sold the product. Product liability claims can be classified as negligence, strict liability, or breach of warranty.

Negligence Lawsuits

Robert Siegel observes that, when a product liability lawsuit involves negligence it can be brought against the manufacturer, distributor, and/or designer of the product that is said to be unsafe. Negligence could be in the design or in the manufacturing of the product. Companies also have a duty to the consumer to warn them of any dangers that could come from using their product.

Strict Liability Lawsuits

Product liability lawsuits that are classified as strict liability will hold the manufacturer, distributor and the entity that sold the defective product responsible for any injuries caused. Strict liability is holding the manufacturer and distributors to an elevated standard so they assure that there product is not going to harm a consumer. When the manufacturer or company feels that an injury could possibly occur they are required to place a warning label on the product. If a product that did not have a warning label injured you you may have a viable product liability lawsuit.

Breach of Warranty Lawsuits

When a product has injured you you may have a breach of warranty case. When a company manufactures and distributes a product they are giving a guarantee or warranty that it will not harm due to defects. It can be either expressed or implied that the product is free of defects.

If a product has injured you you should seek legal counsel from an experienced and skilled product liability attorney. You need to be aware of any vital evidence that needs to be maintained as well as the statute of limitations in your state for product liability lawsuits.

If you have been injured or a defective product has killed someone you love, speaking with product liability attorneys is the first step in protecting your rights. An attorney can help you file a personal injury or wrongful death claim.

Visit http://www.siegellawfirm.com for more information.

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Product liability claims have long been a staple of life in the United States and New Yorkers are no strangers to this issue. People have been injured, harmed and some have even died due to product defects. It’s well known that large corporations are well protected legally to mount an effective defense against these claims. The Law Firm of Robert Siegel can help with these complex and challenging legal situations.