Suppose you were injured because of a defective forklift. In that case, we have product liability lawyers that can go after the responsible third parties on your behalf. Under New York state law, you can file a product liability claim under these three categories:
Negligence - If the forklift manufacturer did not use the necessary level of care during testing and product design or failed to provide adequate instructions or warnings concerning the operation of the forklift, this could be labeled as negligent.
Strict Liability - Under the theory of strict liability, the plaintiff does not need to demonstrate that the manufacturer was aware of a product defect to be liable for injuries. However, the plaintiff will need to show the product was not suitable to be used as it was intended or the risk of the product outweighs its value.
Breach of warranty - If the forklift fails to fulfill the expectations derived from stated or implied claims in the warranty, the manufacturer could be liable for breach of warranty.
To prove a third party is liable for your injuries, we must demonstrate the following in a product liability claim:
The forklift was faulty, defective, or dangerous when used
Your injury was directly caused by using the forklift in a manner as directed by the manufacturer.
Your injury caused you to suffer physical, emotional, or financial damages.
There were no implicit warnings accompanying the forklift that may have warned you about the possibility of injury.