Legal Theories in Product Liability Claims

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

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 or the victim’s property was injured by the defective product.


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 injuries.


In a product liability case based on “fraud”, a victim must show that:

  • The defendant made certain representations about the product that were not true.
  • The defendant was not 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.


In a product liability case based on “breach of warranty,” a victim must show that:

  • The product had an expressor implied warranty.
  • The product failed to meet the terms of the warranty.

Contact Our Bronx, NYC, Queens, Brooklyn Product Liability Lawyers

If you, a family member or a friend have suffered a serious injury as the result of a faulty product, contact the product liability lawyers at the Dervishi Law Group, P.C. We can assist you in recovering your highest rightful compensation. Call us at (917) 300-0797 or (718) 619-4525 or email us at

Fatos Dervishi, ESQ.
Author: Fatos Dervishi, ESQ.
Fatos Dervishi, Esq. is a highly respected attorney based in New York City. With over 20 years of experience in personal injury law, he has earned a reputation as a tenacious advocate for his clients and a leader in his field. Mr. Dervishi is known for his skill in handling complex personal injury cases, including car accidents, slips and falls, medical malpractice, and construction accidents. 

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