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 an unreasonable risk of injury or illness to consumers. Unfortunately, either due to carelessness or negligence, numerous products are released every year and cause untold trauma to unsuspecting consumers. Defective products can include everything from faulty airbags to dangerous medical devices. 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, but to receive compensation from a product liability claim, consumers must show that some form of negligence in the product’s development and marketing contributed to their injuries. For example, if a product had proper warning labels and a consumer was injured because he did not use the product for its intended purpose, then he could not pursue a claim. Instead, consumers must show that a product’s design, manufacturing, or marketing led to their injuries.
Product liability claims typically involve the following:
- Design Defect: The design of the product itself was unreasonably dangerous and posed a threat to the user. For example, if an SUV’s roof is not properly supported, it could collapse in a rollover accident. In this instance, the manufacturer should have determined the danger in the design and changed it to prevent catastrophic roof crush injuries.
- Manufacturing Defect: The product became defective, faulty, or dangerous during the manufacturing process. This can include scenarios where a handful of tires were manufactured with weak seals, making them prone to blowouts, or a specific batch of medical implants do not function properly.
- Failure to Warn: The manufacturer did not include proper warnings of potential dangers when using the product. In this situation, the manufacturer was aware that the product could cause serious injuries if used incorrectly. If they failed to include warning labels, such as an age restriction or a choke hazard warning on a children’s toy, and a customer was hurt, that customer could pursue a claim against the manufacturer.
- Marketing Misrepresentation: The retailer or product’s marketing team misrepresented how the product should be used or failed to warn consumers of potential dangers or side effects. This is more common with pharmaceutical claims where the manufacturer was aware that a new medication could cause injuries or illnesses during treatment.
In our experience, these defects often result in:
- Auto product liability claims, due to poor vehicle designs, dangerous safety devices like seatbelts, and faulty brakes.
- Defective medical equipment claims, which can include surgical implants, medication, surgical tools, and other medical devices.
- Construction accident claims, if a piece of machinery or power tool was defective.
- Faulty consumer products, such as talcum powder.
It is possible for a defective product to fit into multiple categories; for example, a product that was both poorly designed and mismarketed, causing serious trauma. In any situation, you will need to work with an experienced attorney who can launch an in-depth investigation to determine how the manufacturer caused your injuries. These cases can be incredibly complex and require a keen eye for details.
I n order to pursue a product liability claim, your attorney will need to demonstrate that the manufacturer was liable for your injuries due to an act of negligence in the product’s design, manufacturing, or marketing. Your attorney needs to show that you purchased the product and were the intended consumer. For example, if you were prescribed the wrong medication for heart disease and your condition worsened, then you may have a medical malpractice claim instead of a product liability claim.
In addition, your attorney must demonstrate that:
- The product was faulty, defective, or dangerous to use;
- While using the product, you suffered an injury;
- That injury resulted in physical, mental, or financial damages; and
- The product did not contain any warnings that could have prevented your injuries.
While investigating your case, our attorneys will begin by determining the extent of the injuries or illness caused by the faulty product with medical records, photographs of your injuries, and other signs of damages. We will also work with experts in various fields to determine how the product was defective. To do so, the product will need to be preserved as evidence.
A knowledgeable lawyer will be able to investigate whether the product was faulty due to a manufacturing error, design defect, or another hazard. Once we have determined how the product became defective, we will then work to hold the responsible party accountable. If the product was being used as it was intended and the defect directly caused the injury, a product liability attorney from WRSMH 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 when 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 legal team at Wingate, Russotti, Shapiro, Moses & 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 New York product liability attorney about your situation.