Fire hazards across the home can sometimes result in serious personal injury such as burns or electrocution. When a fire is caused by common appliances such as a stove, microwave, or space heater, those affected by the hazard may be entitled to compensation.
Fire hazards can spark a fire when the products are defective or designed incorrectly. Another common source of personal injury is mislabeling, incorrect or missing instructions on how to properly use and care for a hazardous product. If you have been injured by a home appliance or equipment, talk to a qualified personal injury attorney today. We can help you determine the best course of action and determine who is liable for the incident.
Fire hazards can spark a fire when the products are defective or designed incorrectly. Another common source of personal injury is mislabeling, incorrect or missing instructions on how to properly use and care for a hazardous product. If you have been injured by a home appliance or equipment, talk to a qualified personal injury attorney today. We can help you determine the best course of action and determine who is liable for the incident.
The Plaintiff’s Burden In A Dangerous Or Defective Product Personal Injury Case
The personal injury plaintiff still has a challenge although products liability law has evolved over the years. At one time “caveat emptor” (let the buyer beware) was the standard to which manufacturers were held. Today “strict liability” is imposed in appropriate cases. Under this standard manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent. In a products liability action, the injured person, or plaintiff, must prove, for instance, that there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn consumers about the product’s possible dangers. In addition, he or she must establish, through relevant and credible evidence, that the product caused the injuries and that he or she was using the product in the way it was intended to be used or even that the manufacturer should have anticipated that the product would be “misused” in the way that it was.
Manufacturing defects are usually easier to prove than design defects. If a particular consumer’s gas fireplace explodes when first lit, for example, it is evidence that the fireplace was not manufactured as the designer intended it to be. A design-defect case, on the other hand, could arise if many or all fireplaces of a manufacturer’s particular model posed a threat of explosion. Proving a design defect involves passing judgment on technical choices and usually requires expert testimony. In a design defect case, the product may have been manufactured as it was intended to be, but the design was inadequately planned in such a way as to pose unreasonable hazards to consumers.
Proving causation in a products liability case can be tricky. The plaintiff must establish that the product was defective when it left the hands of the defendant manufacturer, distributor, or seller, and that the defect was the cause of the accident that led to the plaintiff’s injuries. If the injuries could have arisen from several potential causes, the plaintiff usually must establish that the product defect had a substantial role in bringing about the injuries.
Experienced Lawyers
The lawyers of TROLMAN GLASER CORLEY & LICHTMAN, P.C., have been successfully handling personal injury and medical malpractice claims for more than 50 years. We have the skill and experience to determine the necessary monetary and legal elements of compensation and to pursue a monetary award for the hardships you and your family presently face and what you may face in the future.
Contact our New York attorneys today online or by telephone at (888) 627-4274 to schedule a free consultation. If your injury prevents you from coming to our law office, we will visit you at the hospital or at your home. Se habla español.