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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) 496-8342 or (718) 484-4757 or email us at

About The Author

Fatos Dervishi, Esq.

Fatos Dervishi, Esq.

A personal injury attorney, with offices in the Bronx and Manhattan, Fatos Dervishi has years of experience handling cases in New York. Mr. Dervishi, who grew up in Albania, obtained his law degree in 1989 from the Tirana University School of Law. He then worked as a special agent of the General Investigations Office with an office in Tirana, before being elected Deputy Attorney General by the Albanian Parliament in 1994. He served as Deputy Attorney General of Albania from 1994 to 1998.

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