Product Liability

Products can be defective for many reasons. Some are dangerously designed, while others suffer from defects in manufacturing. The term product liability refers the chain of manufacture of a product, and the liability of parties within that chain. This can include the manufacture of parts, a wholesaler, or retailer. These parties can be held liable for any injury their products cause. In order to have a viable claim, a plaintiff must show that the product was indeed defective, and that the defect was the directly responsible for the injury. These injuries can be caused by anything from a poorly a designed vehicle leading to a car accident, to tainted medicine resulting in medical malpractice, to a toy containing lead and can vary widely depending on the product involved, from a lead paint injury to a traumatic head injury. If you have been harmed by using a faulty product it is important that you immediately contact an experienced New York Product Liability Lawyer who will explain to you your legal options.

Types of Product Liability Claims

Defective manufacturing of a product is a common problem. Examples of this could include a faulty tool or piece of machinery that causes a construction accident, a cracked part in a child’s stroller that causes it to collapse, or a car with defective brake pads that is unable to safely stop and causes an automobile accident. If there is a direct relationship between the product’s defect and the cause of the plaintiff’s injury, then a legal claim is present.

Some products are dangerous because of a faulty design. This is not the same as a defect that happens during the manufacturing process. Often the inherent danger in the product is not realized until the product is put out on the market, and the design defect becomes apparent after the product is used over and over.

A failure to warn claim usually involves a product has the potential to be dangerous if not used properly. The consumer is reliant of clear instructions and warnings about possible hazards. It is usually involves a danger that is not apparent to the consumer. Failure to warn claims could include anything from an inadequate warning on a medicine label, to an electrical device that when used improperly can cause burns. A claim would be present where the plaintiff was injured, and that injury would not have occurred if they had been warned.

Pursuing a Claim

A serious injury from a defective product affects not only your heath, but also your ability to work and your general quality of life. In addition, it can have a devastating effect on the finances of you and your family. Fortunately, through a product liability lawsuit against the manufacturer or distributor of the defective product that caused your injury you may be able to receive compensation for your losses.

• Medical Bills: Compensable expenses include fees related to emergency room treatment, hospital fees, fees for surgery, prescriptions, visits to your doctors and medical equipment.
• Loss of Income: You may be able to recover both lost wages and loss of future income potential.
• Pain and Suffering: Whether you will be entitled to receive pain and suffering damages and the amount of such damages depends on the seriousness of your injuries. Injuries that leave permanent damage your pain and suffering award is likely to be greater than if you completely recover from your injuries. For example, if you receive a severe burn that leaves a scarring or if a limb is amputated, then you are likely to receive a relatively large pain and suffering award.
• Wrongful Death: If the defective product caused a loved one to pass away, then the family may have legal recourse via a wrongful death suit. The claim can include reimbursement for medical bills, pain and suffering, and loss of future income.

New York Product Liability Lawyer

If you or a loved one was harmed by a defective product, you may be able to recover damages from the manufacturer, the distributor, or even the retailer from where you purchased the product in a product liability lawsuit. However, defective product cases are often quite complex, involving a thorough understanding of the nuances of product liability law. Determining legal fault often requires the review of a great deal of complicated evidence and the testimony of experts. It is important to contact an attorney experienced in product liability cases to ensure that your case will result in the best possible outcome. The staff at Law Offices of Smith & Jones is experienced in handling product liability cases as well as personal injury and wrongful death cases stemming from auto accidents, medical malpractice, slip and fall accidents and construction accidents. Contact us at (212) 555-5555 to schedule a free, no obligation consultation regarding your case.