Hempstead Defective Products Lawyer
One of the most important aspects of a healthy economy is that a consumer should be able to trust that the products they purchase are safe, effective, and work as advertised. When this is not the case, the law protects consumers from dangerous purchases and deceptive sales.
If a product that you purchased is defective and injures you as a result, you may be entitled to compensation from the store owner, the product manufacturer, or the product designer that a skilled personal injury attorney could help you pursue. A Hempstead defective products lawyer may be able to help you determine which defendants are liable in your case and how to go about seeking a positive outcome.
Defining Product Defects
Under Uniform Commercial Code §2-318, a seller in Hempstead has an implied duty to provide a safe product that is not defective. Even if the seller was unaware that a product was defective, they may still be held liable for an injury that results from that item.
Consumers are meant to have reasonable assurance of safety when purchasing a product, and the seller cannot limit that assurance or warranty. If an injury occurs to a consumer, it is up to a judge or jury to decide whether an injury is the result of an unreasonable defect in a product.
Filing a Defective Product Claim on Time
NY CPLR § 214 sets the deadline for filing a defective product claim, otherwise known as the statute of limitations, at three years. The three-year clock begins ticking on the day that the product injures the person, in most cases.
The “discovery rule” used in New York law means that this period may not start until it is reasonable to assume that the injured person should have discovered their injury. For example, an injury that comes from a car accident is straightforward and should be discovered on the day of the accident, but an injury due to a defective product such as medical equipment may not be noticeable for a time after the damage has been accrued. In these situations, the statute of limitations starts when the court decides the injured person should have known about the injury while exercising reasonable care. A Hempstead defective products lawyer could help determine whether a case might fall under the standard statute of limitations or qualify for an exception. Therefore, it is essential to reach out to a knowledgeable attorney right away.
Contributory Negligence and its Effect on Compensation
Though the seller, manufacturer, or designer of a faulty item may bear much of the blame for a person’s injury, that injured person may be found by the court to be partially responsible. While state law does not prevent a partially liable injured person from seeking civil compensation from other liable parties, their available compensation would be reduced by whatever percentage of fault they are assigned.
For example, the court may find that the injured person is 10 percent responsible for the accident, which would diminish their total compensation by 10 percent. An experienced defective products lawyer in Hempstead may be able to help injured people contest allegations of partial liability and increase the maximum payout they can pursue.
Contact a Hempstead Defective Products Attorney Today
If a faulty or dangerous item injures you, contact a Hempstead defective products lawyer right away. The sooner they are on the case, the sooner they could help you file paperwork, negotiate with opposing attorneys for an agreeable settlement, compile and preserve evidence, call upon expert witnesses, and otherwise protect your rights.