Defective Products

Defective Products

New York Product Liability Lawyer

It is really wonderful to finally be able to purchase that stuff you have been saving for months. We have all experienced the joy of trying out our newest purchase, whether it is a new pair of headphones, a new BBQ grill, or a new laptop.

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.

The Importance of Hiring an Experienced New York Product Liability Attorney

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.

What Is a Manufacturing Flaw Claim?

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 Can I Sue a Manufacturer for Failure to Warn?

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.

How do I prove that the manufacturer is at fault?

There are three general approaches to proving a product liability claim:

  • Strict Liability – The product was inherently defective at the time you received it, making it unsafe for use under any circumstances
  • Negligence – The manufacturer failed to take reasonable care in the design of the product, the manufacture of components or the assembly process, or failed to properly warn you of the potential hazards associated with the product’s use
  • Breach of Warranty – The product was dangerous as a result of its failure to meet the stated standards of performance or of safety

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.

There are three categories under which product liability claims may be made:

  • Design Defect – This category includes products whose defects were inherent in their design. The dangers caused by their defects exist no matter how careful and controlled the production of the product was. The defects in the design effect all the products manufactured according to that design map which means that more people are at risk of people injured by this type of defect.
  • Manufacturing Defect– This means that a defect was found in one or more of the products produced by the manufacturer because a shortfall in the production. This defect is caused by either shoddy workmanship in building the product or the use of poor-quality materials. Manufacturing defects pose a risk of danger no matter how well the product was designed.
  • Marketing Defect – Certain products carry risk of danger by their very nature, such as sharp objects or electrically powered equipment. Since these dangers are plausibly foreseeable by the manufacturer, the manufacturing company is required to provide adequate warnings of those risks and proper instructions on how to use their product safely if those risks are not open and obvious to the average user.

How Do I Know I Have a Valid Product Liability Claim?

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.

Types of Product Liability Claims in New York

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.

List of Defective Products:

When Is a Product Liability Claim Valid Under New York Law?

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.

How Can I Prove the Product Was Defective?

Proving that a product was defective can be a complex task. Evidence that can help establish a defect may include:

  • Product Testing Results: If you have access to product testing results that demonstrate the defect, it can strengthen your case.
  • Expert Witnesses: Expert witnesses, such as engineers or industry professionals, can provide testimony regarding the product’s defectiveness.
  • Product Recalls or Complaints: If the product has been subject to recalls or numerous consumer complaints, it can support your claim.
  • Manufacturing Records: Documentation related to the product’s manufacturing process can be valuable in proving a defect.

How to Choose the Best Product Liability Lawyer?

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.

By carefully considering these factors, you can select the best product liability lawyer to represent your interests and protect your rights.

New York City Defective Products Cases

GranuFlo and NaturaLyte dialysates are used to draw toxins out of the bloodstream. Both of these brand-name dialysate products are used to treat patients with acute kidney disorders. Typically, the kidneys naturally remove toxins from the bloodstream; however, patients with kidney failure can use an artificial substitute (dialysate) to replace this function. Although these products can effectively replace kidney function, dialysis treatment has been connected to serious side effects, including heart attack, stroke, and death. Return to list.

DePuy Hip Implants, produced by a division of Johnson & Johnson, were recalled in 2010 after implant recipients began to suffer severe pain. According to some, the metal-on-metal implant design was defective. Some consumers even suffered constant, debilitating pain when the implant damaged the soft tissue surrounding the hip. In some instances, the implants became completely dislodged. Other consumers suffered bone fractures, inflamed joints, and dangerous chromium levels in the bloodstream. These side effects are not always treatable and may require corrective surgery. Return to list.

The Hernia and Transvaginal Surgical Mesh Patch is used to restore tissue damage caused by post-surgery hernias. Surgical mesh may also be used to treat pelvic organ prolapse; a condition that occurs when a woman’s pelvic organs began to press against the walls of the vagina. Although surgical mesh has been used to treat many patients, it can result in a number of severe side effects – including pain, infection, bleeding, pain during sex, vaginal scarring, and other conditions. In some instances, women treated with surgical mesh suffered bowel, blood vessel, and bladder perforation. Return to list.

Shoulder Pain Pumps are used to manage pain following shoulder operations. Unfortunately, some consumers suffered debilitating conditions after using the product. In rare instances, the shoulder pain pump can destroy the cartilage in the joints in the future. This condition is called “chondrolysis” and is very painful. In some cases, patients suffer permanent shoulder damage. Chondrolysis is characterized by the following: constant shoulder pain, popping or grinding in the shoulder, stiffness, weakness, and decreased range of motion. Return to list.

Duragesic is a pain medication produced by Johnson & Johnson to treat moderate and severe pain. The medication is administered through a skin patch and should not be used to treat mild pain. This medication is designed to give patients long-lasting paint relief. Although Duragesic can provide effective relief from serious pain, it can also cause detrimental side effects. Common but serious side effects include decreased heart rate, difficulty breathing, confusion, abnormal thoughts, unusual behavior, and fainting spells. According to the FDA, this medication also carries the potential of serious injury and death. Return to list.

Actavis Fentanyl Patches are designed to treat long-term, severe pain. Like Duragesic patients, consumers using Actavis Fentanyl Patches should beware of serious side effects. According to the FDA, these patches should never be used to treat mild pain or short-term conditions. In extreme cases, users may suffer drug overdose when using the pain patches, resulting in severe illness and death. Narcotic overdose from the Actavis patch is characterized by shallow breathing, severe tiredness, sedation, incoherent speech, inability to walk, confusion, dizziness, and sleepiness. Return to list.

The Zimmer NexGen Knee Replacement was touted as a “pioneer in knee replacement solutions.” However, the many patients have suffered from the replacement’s defective design. According to some consumers, the replacement was at risk of dislocation and loosening. Although dislocation is not life threatening, it can be severely painful and detrimental to the patient’s quality of life. Defective knee replacements may require revision surgery. Other side effects include knee pain, the inability to walk, inability to stand, knee failure. Doctors estimate that thousands of patients received these faulty knee replacements. Return to list.

The Stryker Rejuvenate Modular Hip is a medical implant used to treat patients dealing with osteoarthritis, rheumatoid arthritis, or traumatic arthritis in the hip. Although hip replacement is viable treatment option for many patients, this particular brand is associated with dangerous side effects. In fact, the Stryker Rejuvenate Modular Hip was recalled in 2012 after its manufacturer observed serious complications in patients during post-market research. The hip replacement is subject to corrosion and failure, which can lead to serious tissue damage, swelling, and pain. These side effects can be severe and may require surgery to correct. Return to list.

Medtronic Infuse Bone Graft is associated with a number of serious and life-threatening medical complications. Some cases have been associated with male sterility. Other patients reported difficulty breath, inability to speak, difficulty swallowing, and other complications. These respiratory conditions are usually associated with swelling of the patient’s airways. Some instances led to nerve damage, respiratory depression, airway compression, and death. The FDA warned consumers that most of these complicates occurred within two weeks of the initial bone graft operation. Extreme cases may be treated with additional surgery, medication, respiratory support and tracheotomies. Some patients even required a feeding tube after the bone graft. Return to list.

Mirena IUD is an intrauterine contraceptive device. Although the device may effectively prevent pregnancy, it has been known to cause serious medical complications as well. In some instances, the device did not effectively prevent pregnancy, resulting in ectopic pregnancy or intrauterine pregnancy. Other consumers suffered from pelvic inflammatory disease, and perforation of the uterine wall. The IUD has also been known to become embedded in the wall of the uterus. These side effects can be very painful and long-lasting. Some consumers believe that the IUD device may be responsible for breast, ovarian, and uterine cancer as well. Although these life-altering side effects are not common, they can result in decreased quality of life and death. Return to list.

Were injured by a defective product?

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.

Greenberg & Stein P.C. is a law firm located in New York. At G&S you will find some of the most experienced product liability attorneys in the state.

Our team has recovered millions of dollars in compensation for our clients. We understand that navigating the legal process of any type of claim is complicated and stressful, and that is why we are committed to helping you in every step of the process. Contact us at 888-716-4088 to schedule a free consultation to review your case.

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