Any personal injury arising out of products liability enables the plaintiff to sue the product’s manufacturer for suitable damages if he’s injured while using the product and can be the basis of faulty equipment personal injury lawsuit. This is most commonly seen in electrical gadgets with faulty wiring that have either given out shocks or even resulted in electrocution leading to death.
In construction sites, the application and use of defective heavy machinery, particularly excavators and cranes, have led to heavy objects suddenly dropping from heights and crushing or seriously injuring those below.
Products liability: a definition
In order to establish product liability in a faulty equipment personal injury lawsuit, product defect has to be proved first. A product is deemed defective for its manufacturing defect, faulty design or even when it has failed to warn the user of its shortcomings and caused him personal injury as a result. This failure in warning the consumer may be deemed the manufacturer’s negligence and for which he is liable to pay compensation.
The question of compensation will also arise as he did not take appropriate precautionary measures in preventing the accident or in subsequently warning the consumer of any possible danger. However, the manufacturer is liable to pay damages if only the consumer uses the product correctly. On the flip side, if the manufacturer is able to establish that the consumer was using his product incorrectly or unreasonably, he may be spared the agony of paying compensation, which at times may be quite steep also.
In certain faulty equipment personal injury claims, such as those related to medicine, drugs, and lifesaving equipment to name a few, the concept of strict liability arises. This implies that the manufacturer is responsible for any damages regardless of negligence.
Getting legal help
The question of seeking legal help arises when proving product liability becomes difficult. The concept by itself is complicated and only a stellar, proven, and percipient legal professional can assess your injury situation and conclude whether at all your case has any merit.
For instance, if a cough syrup that you consumed contained arsenic while it was being manufactured, your claim stands to be manufacturing defect-based. On the other hand, if you took the same cough syrup and suffered a coronary attack thereafter, in spite of its regular and normal ingredients, it could be deemed a design-based defect. Lastly, the same medicine may have been manufactured correctly and considered safe for consumption.
Yet, it caused you an injury because you took it with aspirin while the label on the bottle didn’t warn you that combining both could be dangerous, the claim could be admissible on the manufacturer’s failure to give a prior warning.
RMFW Law will come through for you!
Rosenberg, Minc, Falkoff, & Wolff (RMFW Law) is a renowned New York-based attorney firm that specializes in product liability cases. We’ll assess your case for free and help you to correctly identify your claim for faulty equipment personal injury lawsuit.
Once this is done, we’ll file your case, if required we will represent you in court and work towards obtaining for you a favorable verdict. We could settle out of court as well. We know how to win cases in the courtroom and outside of it.
You can reach us at (212) 697-9280. We know this game and RMFW Law battles for every victory and takes every client case seriously. These cases are not simple and the other side has certain tactics they will try to employ. Do not worry, we know how to deal with those tactics and do not sign off on your case until you have called us. Do not cut yourself short!
$16,000 may seem like a lot but how about $62,000 three months later, for example? Call RMFW Law! We have been around the legal block before!