Every year, Americans spend around $13 trillion on goods. Yes, you read that correctly, $13 TRILLION. Unfortunately, not all of the items we purchase are flawless. Certain products might cause injury or even endanger your life.
The legal obligation of manufacturers, distributors, suppliers, and retailers for injuries or losses caused by their products is referred to as product liability. Individuals who experience injury as a result of a faulty or dangerous product may be eligible for compensation through a product liability lawsuit.
If you live in New York and have been harmed as a result of a faulty product, it is critical that you retain the services of an expert New York product liability attorney to defend your rights and get the compensation you deserve.
Several well-known product liability lawsuits in recent years have resulted in billions of dollars in compensation for the plaintiffs.
If you or a loved one has been recently injured due to a product malfunction, do not hesitate to contact Greenberg & Stein P.C. At our law firm, you can find some of the best product liability attorneys in New York ready to help you get the compensation you deserve. Call us at 888-716-4324 to schedule a free consultation to review your case. Or contact us to get in contact with our legal team. We have already recovered millions of dollars for other accident victims, now let us help you.
Having a competent attorney on your side is critical in product liability claims. Product liability rules are complicated, and pursuing a claim may be difficult.
An expert New York product liability lawyer will be well-versed in state and federal product liability laws and will be prepared to handle all elements of your case, from investigation through negotiation and, if necessary, litigation.
A manufacturing fault claim arises when a product is constructed incorrectly, causing it to deviate from the original design and become unreasonably harmful.
The problem develops during the manufacturing process and is not present in other items from the same line in such circumstances. To win a manufacturing flaw claim, you must demonstrate that the defect caused your injuries and that you utilized the product as intended.
For example, if you buy a brand new car, you expect all of its components to function well. However, if your brakes suddenly fail and you collide with another vehicle, you may be able to make a product responsibility claim. Normally, these defects should be identified by the manufacturer at some point throughout the manufacturing process.
When a manufacturer fails to offer proper warnings or instructions regarding the possible hazards involved with using their product, a failure to warn claim emerges. If a product contains hidden risks that the ordinary customer is unaware of, the maker has a responsibility to notify consumers.
If you were hurt because a product lacked adequate warnings or instructions, you may be able to file a failure to warn claim.
There are three general approaches to proving a product liability claim:
Depending on the circumstances that you were injured or your loved one has suffered under, there may be a few different people at fault and held liable for the case. Manufacturers may be held responsible for grossly defective products, such as the notorious adverse side effects from some types of birth control. Poorly designed packaging or false advertising may hold marketers at fault.
Even product placement at the stores can lead a product to be considered defective. If you have been injured by a defective product, you need to contact our firm right away – you may be entitled to receive compensation.
To determine if you have a valid product liability claim, several elements must be present:
Defective Product: The product must have a defect that makes it unreasonably dangerous when used as intended.
Injuries or Damages: You must have suffered injuries or damages as a result of using the defective product.
Causation: There must be a direct link between the defect and your injuries or damages.
Product in Intended Condition: You must have been using the product in the manner it was intended to be used.
If these elements are met, it is advisable to consult with a New York product liability attorney who can evaluate the specifics of your case and guide you through the legal process.
There are several different types of product liability claims. Just imagine the amount of different products that people can buy and the possible defects that may appear. Here is a list of some of the most common types of product liability claims in New York:
1. Defective Medical Devices:
Patients might sustain serious injuries or consequences as a result of defective medical equipment. Patients may be entitled for compensation if medical equipment, such as a hip implant or pacemaker, fails due to a design error or manufacturing problem.
2. Pharmaceutical Drugs:
Consumers can suffer severe harm when pharmaceutical medications have serious side effects or are defectively made. Those who have been injured as a result of faulty pharmaceuticals may be able to file a product liability claim against the manufacturer.
3. Motor Vehicle Defects:
Automobile parts that are defective, such as malfunctioning airbags, brakes, or ignition systems, can cause accidents and injuries. Both the vehicle manufacturer and the producer of the faulty part may be held accountable in such circumstances.
4. Children’s Toys and Products:
Children are especially vulnerable to injuries caused by faulty toys or devices. Parents may have a product liability lawsuit on behalf of their kid if a toy has design defects, contains harmful components, or lacks sufficient warnings.
5. Household Appliances:
Household equipment that is defective, such as stoves, refrigerators, or washing machines, can cause fires, electric shocks, or other catastrophic accidents. If a piece of faulty equipment causes injury, the maker or merchant may be held liable.
6. Food Products:
Food poisoning or allergic responses can result from contaminated or incorrectly labeled food products. Foodborne diseases or injuries caused by food items may be held accountable by the producer or distributor.
7. Industrial Equipment:
Defective industrial equipment, such as machinery or tools, can result in serious worker injuries. In such circumstances, the equipment’s maker or supplier may be held liable for the damage incurred.
8. Cosmetic Products:
Cosmetic goods that contain hazardous ingredients or create unpleasant responses might cause injuries or health problems. If a cosmetic product is developed or made incorrectly, you may be able to file a claim with the manufacturer.
9. Defective Electronics:
Defective electronics, such as cell phones, laptop computers, or batteries, can result in fires, explosions, or electric shocks. If you were injured or your property was damaged as a result of a faulty electronic item, you may have grounds for a product liability claim.
To establish a valid product liability claim under New York law, you must demonstrate the following:
Defect: The product had a defect that rendered it unreasonably dangerous.
Causation: The defect directly caused your injuries or damages.
Use as Intended: You were using the product as intended or in a reasonably foreseeable manner.
Strict Liability: New York follows the principle of strict liability, meaning you do not need to prove negligence on the part of the manufacturer. In many cases, the defendant does not know that the product is defective. However, negligence can still be relevant in certain cases.
Proving that a product was defective can be a complex task. Evidence that can help establish a defect may include:
Choosing the best New York product liability attorney is critical to the success of your claim. When selecting an attorney, keep the following criteria in mind:
Experience: Look for a lawyer that specializes in product liability lawsuits and has a strong track record.
Reputation: Check the lawyer’s reputation and read reviews or testimonials from prior clients.
Resources: Confirm that the lawyer has the resources necessary to properly research your case and handle all parts of litigation if necessary.
Communication: Select a lawyer who communicates well and keeps you up to date on the status of your case.
Price structure: Talk about the attorney’s price structure and make sure it matches your expectations and budget.
Hiring an expert product liability attorney in New York is critical if you have been hurt as a result of a defective product. They will assist you through the legal system, evaluate the veracity of your claim, gather evidence, and fight for the money you deserve.
Understanding the many sorts of product liability claims, the criteria for a legitimate claim, and how to show a faulty product will help you pursue a successful product liability case. You may negotiate the complexity of the legal system and seek justice for the injury you have endured if you have the correct legal assistance.
If you or a loved one has been recently injured due to a product malfunction, do not hesitate to contact Greenberg & Stein P.C. At our law firm, you can find some of the best product liability attorneys in New York ready to help you get the compensation you deserve. Call us at 888-716-4324 to schedule a free consultation to review your case. Or contact us to get in contact with our legal team. We have already recovered millions of dollars for other accident victims, now let us help you.