product liability

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product liability

   Legal   June 8, 2016  Comments Off on product liability

Eppsteiner Law APC is a liability law firm in New York, you may be entitled to compensation if a product has caused you an injury. Similar to other legal situations, product liability cases are made stronger if the claimant contacts a product liability lawyer as soon as possible so they can determine if the injured party is entitled to compensation. Victims of defective products have 2 years from the date of their injury to file a claim. In actuality, some victims may have even longer because the 2 year time span is commonly extended by the discovery rule. However, to build a successful case, it is vital that you contact an attorney as soon as you can because it can be significant to collecting important evidence such as:

Imagery of your injuries

A physician’s opinion of your injuries, and evidence relating to the product

If it is concluded that you have a liability case, a lawyer will provide counsel regarding the best tactic for collecting the compensation you deserve. Just like in other states, Pennsylvania utilizes one of three legal strategies for approaching product liability cases which include: negligence, strict liability, or breach of warranty.

1. Negligence

For a negligence case to be victorious, an attorney must demonstrate the following factors: (1) the claimant is owed duties from the manufacturer; (2) the duty would be sustained if appropriate concern was carried out in the design, inspection procedures, and manufacturing of the product involved; (3) the manufacturer was unsuccessful in meeting the duty; and (4) due to a failure, a consumer was injured

2. Strict Liability

A strict liability case is different from a negligence case because a lawyer must determine that a product’s defect is what caused a claimant’s injury. In a case of negligence, the manufacturer’s performance is taken into account while in regards to strict liability cases; only the defectiveness of the product is considered.

3. Warranty is Breached

Breach of warranty pertains to two types of warranty breaches: a breach of express warranty, in which a violation of a product’s written warranty occurs; and a breach of implied warranty, in which a product’s defectiveness makes it unfit for its intended use, even in the absence of an express warranty, or when an express warranty doesn’t apply to the defect in question.

The Keys to a Product Liability Case Being Successful

Several aspects determine a successful product liability case, especially these factors: selecting a lawyer whose main focus is product liability, hiring a product liability attorney as soon as possible, and the compliance of a claimant to cooperate with an attorney in going after the most favorable amount of compensation. For additional details regarding Eppsteiner Law APC liability cases, consult a product liability lawyer to receive your free consultation.

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