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Navigating Liability in Defective Product Injury Cases

Have you been harmed by a defective consumer product? At Lebowitz & Mzhen Personal Injury Lawyers, we understand that obtaining fair compensation for your injuries might seem straightforward, but the underlying legal principles are uniquely complex.

Every year, defective or hazardous products are responsible for injuring countless consumers. The legal doctrine governing defective and dangerous products is known as "product liability." This area of law differs from standard injury liability and often facilitates a smoother path for injured parties seeking restitution.

Understanding Strict Liability

In most injury cases, proving negligence – that someone else's lack of care caused your injury – is a requisite. However, this standard presents an almost insurmountable challenge when applied to product manufacturers due to the complexity and cost involved. Demanding that a consumer demonstrates the exact point of negligence during the manufacturing process, verify the seller's quality control systems, or inspect every product for defects prior to use is unreasonable.

For this very reason, "strict liability" regulations were established. These rules enable those harmed by a defective or unexpectedly dangerous product to claim compensation directly from the manufacturer or seller, without needing to prove actual negligence. If a consumer product has injured you, Lebowitz & Mzhen Personal Injury Lawyers are here to assert your right to compensation from those responsible.

Potential Defendants in Your Case

While manufacturers are common targets in defective product cases, you might wonder about the seller's liability. Strict liability claims against a retailer or private seller are contingent on the nature of their business – they must regularly engage in selling or renting the particular type of product in question. Casual sales, such as those at flea markets, garage sales, or thrift stores, generally don't fall under strict liability.

Principles of Establishing Strict Liability

Regardless of a manufacturer or seller's proclaimed safety measures, you may pursue a strict liability claim if you meet these three criteria:

  1. The product possessed an "unreasonably dangerous" defect that caused your injury. The flaw can manifest in the design, manufacturing process, or during distribution.
  2. You incurred injury while using the product as intended.
  3. The product was in substantially the same condition as when originally sold – without significant alterations affecting its performance.
Time Constraints for Filing a Claim

States impose varying deadlines on strict liability claims, typically allowing legal action from six to 12 years post-initial sale. To stand on firm legal ground, discerning the age of the defective product pivotal to your claim is crucial.

The Impact of Consumer Knowledge

Manufacturers and sellers can counter strict liability claims with evidence that you continued using the product despite knowing about its defect. If an investigation suggests you were cognizant of the defect but still used the product, you may risk forfeiting the right to seek damage compensation.

At Lebowitz & Mzhen Personal Injury Lawyers, we are committed to providing a thorough assessment of your unique situation and advising you on the best legal path forward. If you've suffered an injury due to a defective product, don't hesitate to contact us at (800) 654-1949 for your free consultation and empower yourself with a team that argues for your rights and interests.

Client Reviews
Throughout the process [of the motor vehicle collision case] you were available, responsive and up front. You were available for my questions, and my need for reassurance, and when the opportunity arose to better the outcome of my case, you did not shy away from the extra work. You have proven yourself to be an honest, realistic and caring advocate for the little guy in need. I will refer your firm to any who may be in similar need. John C.
I can't thank you enough for your efforts and dedication to resolving my case. I also want to thank you for your consistent professional manner, touched with that extra personal care that I sensed whenever we communicated. . . . You are a wonderful person and I wish you continued success. Again, thanks for everything. Hallie W.
I am proud to have had Lebowitz & Mzhen represent me in an automobile personal injury case I was involved with. Not only did they come through with a settlement worth far more than I thought possible, the entire office was always friendly, knowledgeable, and ready to answer any questions I had. Should an incident like this occur again, I will not hesitate to contact Lebowitz & Mzhen for their counsel, advice and representation, and I would wholeheartedly recommend them to anyone seeking honest and effective attorneys. Mark B.
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