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How can unsafe product claims affect my business?

| Dec 8, 2017 | Commercial Disputes |

Products liability law covers litigation based on personal injuries sustained from defective or dangerous consumer products. If a New York resident buys a new product, uses it as the product was intended to be used and sustains an injury from that use that should not have been anticipated from the warnings and instructions provided therein, then the individual may be a victim of a products liability matter.

These types of cases are often approached from the perspective of the alleged victim, the consumer. However, it is important to note that there is at least one other party that will be involved in a products liability case: the maker or seller of the allegedly defective product. A company may be forced to defend itself from claims that it put dangerous goods into the stream of commerce and that its actions caused innocent individuals to suffer physical harm.

An alleged victim of a products liability incident must prove that the other party should be held liable for their losses and this is often accomplished in one of three ways. Products liability cases can be based on strict liability, negligence or breach of warranty.

While strict liability applies even if a company is not negligent, it may come into play if the product in question is so dangerous that it is considered unreasonable. Negligence applies in cases where a company allegedly created a product without exercising reasonable care. Breach of warranty claims are case-specific and involve any claims a company may have made about a product’s possible uses.

A products liability claim can be incredibly costly to a business. When allegations of defective products arise, New York companies can choose to work with attorneys who take commercial disputes seriously.