Product Liability and Defective Products FAQ

What is product liability?

Product liability means the liability or responsibility of manufacturers, distributors and sellers for injuries or death caused by the use of a defective product. The products can range from the most complicated machinery such as motor vehicles or airplanes, to common household items such as home appliances, childrens toys and baby highchairs.


How do I know if a product was defective in the design or manufacturing?

This a tough question to answer. It takes special skill and experience to answer. Sometimes common sense is the best indicator of whether a product is defective.


If I no longer have the equipment or device, do I still have a case?

Yes. Although preserving the product in the same condition it was in after the injury is very important, not having the product does not necessarily prevent you from making a claim.


Who is legally responsible for a defective product?

If a product does not work properly or causes injury or death to the user, then the manufacturer, distributors and sellers may be responsible for your injury.


What can I recover if I win a product liability case?

If you have a defective product, you may be able to recover the cost to replace the product. If the defective product also caused personal injuries, you may seek compensation for your:

  • Medical bills
  • Missed work
  • Pain and suffering
  • Loss of consortium lost time and companionship with your spouse.
  • Punitive damages extra money to punish the defendant if they acted exceptionally irresponsibly.

Do I need a lawyer to handle my product liability case?

Yes. Product liability cases can be complicated. The law for product liability is very confusing, and you need an attorney to help explain your rights and protect your interests. Also, an attorney is in a better position to understand whom to actually sue in each particular situation after gathering all the facts and analyzing the law.

Lozner & Mastropietro is dedicated to representing injured consumers and their families, and removing dangerous products from the market. If you were injured or a loved one was hurt or killed due to a defective product, or you simply need more information, please contact us at 1-718-615-0044 or click Tell Us Your Case.

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