Legal Theories in a Product Liability Claim

1. Legal Theories in a Product Liability Claim

2. If you have suffered an injury due to a defective product, you may file a defective product liability claim. • Your product liability claim can be based on different legal theories such as strict liability, negligence, breach of warranty and fraud. • The following are the elements of the most common legal theories used in a product liability claim:

3. Strict Product Liability In a strict product liability case, a victim must show that: • A product was sold with no warning or inadequate warning, or was sold in an unreasonably dangerous condition. • The victim was injured by the defective product.

4. Negligence In a product liability case based on negligence, a victim must show that: • The defendant owed a duty of care. • The defendant’s actions breached that duty of care. • The defendant’s breach caused the victim’s injuries.

5. Fraud In a product liability case based on a "fraud" legal theory, a victim must show that: • The defendant made certain representations about the product that were not true. • The defendant was aware that those representations were not true or not likely to be true. • The representations were made so that the victim would buy the product. • The victim was justified in relying on the representations. • The defendant’s false representations caused damage to the victim.

6. Breach In a product liability case based on “breach of warranty,” a victim must show that: • The product had an express or implied warranty. • The product failed to meet the terms of the warranty.

7. If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the product liability lawyers at Dervishi Law Group, P.C. • We can assist you in recovering rightful compensation.

8. Contact Us: Dervishi Law Group, P.C. 2322 Arthur Avenue, Suite 3A Bronx, New York 10458 917-300-0797 or 718-619-4525 Email: fdervishi@dervishilaw.com www.dervishilaw.com