In the United States, product manufacturers, designers, and distributors are legally obligated to ensure that the products they release on the market do not pose unreasonable risk of injury or illness to consumers. If you believe that your injuries were caused by a defective product, you may have a valid product liability claim.
The NY personal injury lawyers at Wingate, Russotti, Shaprio & Halperin, LLP have the knowledge and resources to help injured victims recover the financial compensation needed for recovery. It is possible to hold the negligent party accountable for your losses through legal action, which can not only provide you with the money you deserve, but may help prevent others from injury or illness as well. Contact us for a free, comprehensive case evaluation today.
There are numerous ways in which a consumer may be injured by a product he or she purchased, but it does not necessarily mean that the product is faulty. Product defects stem from some form of negligence or oversight at some point during the design, manufacture, or sale of a product. Product liability claims typically involve the following:
- Design Defect – The design of the product itself is unreasonably dangerous and poses a threat to the user.
- Manufacturing Defect – An error occurs while the product is being manufactured that makes it dangerous to use.
- Failure to Warn – The manufacturer does not include any warning of potential dangers of using the item.
- Marketing Misrepresentation – The sellers do not provide adequate instruction or warnings about using the product and misrepresent how the item should be used.
An experienced attorney will be able to determine whether you have a viable case and can begin gathering evidence to support your claim.
A successful personal injury claim involving a defective product will typically require a few types of evidence. First, the injured person must demonstrate the extent of the injuries or illness caused by the faulty product with medical records, photographs of the injury, and other signs of damages.
It will also be necessary to prove that the product in question was, in fact, defective. It is important that the product that caused the injury is preserved to use as evidence. A knowledgeable lawyer will be able to investigate whether the product was faulty due to a manufacturing error, design defect, or other hazard. If the product was being used as it was intended and the defect directly caused the injury, a product liability attorney from WRSH will have a strong case to support your claim against the responsible party.
As with most injury claims or lawsuits, you will have a certain amount of time in which to take action against the liable party, which is known as the statute of limitations. The time limit begins as soon as the injury or damage occurs or the victim becomes aware of the injury that was caused over a period of time. The statute of limitations varies from state to state, but in the state of New York, you will typically have a maximum of three years to file a product liability claim. Consult with an attorney as soon as possible to ensure that you do not forfeit your right to take legal action. If you attempt to file a claim after the statute of limitations has ended, the judge will more than likely throw your case out.
Jason Rubin secured a settlement of $2,500,000.00 on behalf of a 33 year old man who was injured as a result of a defective inflatable tube towed behind a boat.
Cliff Shapiro obtained a settlement of 1.175 million dollars for a twenty-one year old man who was blinded in one eye as a result of an accident involving a defective platform hoist.
Kenneth J. Halperin recently obtained a $565,000 settlement for a former N.Y.C.T.A worker who sustained an electrical shock while inspecting a propulsion system supplied by a foreign manufacturer.
The case settled at mediation prior to trial for $524,000, including $424,000 from the dumpster manufacturer and $100,000 from the municipality.
If you or someone you care about has been injured by a product, contact the New York product liability attorneys at Wingate, Russotti, Shaprio & Halperin, LLP to discuss how best to proceed. We will apply our many years of experience to your claim to help you win the compensation you need and deserve for medical bills, lost wages, and other damages resulting from the harm caused by a defective product. Please do not hesitate to email us or call us at (212) 986-7353 to speak with a knowledgeable attorney about your situation.