New York Product Liability Lawyer
REQUEST A FREE CONSULTATION
Should I Get A personal injury Lawyer for product liabilities
What is Product Liability?
Product liability refers to legal cases or claims where a defective, unsafe or improperly functioning product causes serious bodily harm or death.
In a product liability lawsuit, the plaintiff seeks to hold the product’s creator, manufacturer or seller responsible for the injuries or fatalities resulting from the use of the unsafe product
New York Personal Injury Practice Areas
How would a product be considered defective?
New York State law recognizes three ways in which a product can be deemed defective:
1. Manufacturing Defect:
A manufacturing defect occurs when an error or anomaly during the manufacturing process causes the product to deviate from its design specifications. This defect may result from human error, the use of substandard materials or machinery failure.
In manufacturing defect cases, the plaintiff alleges that the specific product they purchased has a defect, rather than an inherent flaw in the entire product line.
2. Design Defect:
A design defect is alleged when a product, without any manufacturing flaws, is intrinsically defective and unsafe. This defect may be attributed to the use of non-standard materials, a fault in the design itself or insufficient safety measures incorporated into the product. The plaintiff must provide expert testimony to demonstrate that the entire product line was inherently unsafe and unfit for its intended use.
3. Warning or Instructional Defect:
A warning or instructional defect occurs when a manufacturer fails to provide adequate usage instructions or sufficient warnings about the product’s risk factors. It is the manufacturer’s duty to provide clear instructions and warnings regarding any known or foreseeable hazards associated with the product. Even after the sale, manufacturers in New York have an ongoing responsibility to provide this information to consumers.
When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:
01
Financial Losses
02
Personal Losses
03
Punitive Damages
Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.
INJURED? LET US HELP
What kind of Claims can be pursued in a Product Liability Lawsuit?
In New York, a manufacturer can be held liable for injuries or fatalities caused by a defective product under three different scenarios:
Willful Neglect:
If a manufacturer fails to exercise reasonable care in areas such as proper configuration, adequate testing and review, providing sufficient directions or notices, or timely product recalls, they may be held liable for resulting injuries or deaths.
Strict Liability:
In cases of product defects, a manufacturer can be held liable without the need to prove negligence. Product liability lawsuits must be filed within 3 years of the date of the injury.
Implied Warranty:
Under the Uniform Commercial Code in New York, a product must be suitable for the purpose defined by the seller and must meet the buyer’s expectation of product use as known by the seller.
If you have been harmed by a defective product, it is crucial to consult with a knowledgeable products liability lawyer who can guide you through the legal process. Contact us today to discuss your case and explore your options for pursuing compensation.
ADDITIONAL LOCATION
Who can make a product liability claim?
The Product liability laws in New York have evolved over time to provide individuals who have been harmed by defective products the ability to seek compensation.
In 1968, the New York Legislature passed a statute that expanded product liability claims beyond the original purchaser to include anyone who suffered injuries, or sought to file a claim on behalf of a victim of a defective product.
If you believe you have a valid product liability claim, it is essential to consult with a skilled product liability lawyer like Gabriel Legal Injury Lawyers. We will carefully review the evidence and provide you with an understanding of your legal options.
What kind of products are covered under the Product Liability Law?
Product liability laws encompass a wide range of consumer goods, as well as industrial, agricultural, and construction machinery, prescription and over-the-counter medications and raw or processed food items. However, these laws do not cover property, real estate, or property renovations.
Examples of products that fall under product liability law include furniture, toys, firearms, vehicles, exercise machines, baby cribs, strollers, car seats, escalators, elevators, dishwashers, cooking ranges, vacuum cleaners, hair dryers, batteries and various other consumer goods.
Why do I need a New York Product Liability Lawyer?
In recent years, there has been an increase in substandard quality consumer goods from foreign manufacturers. Pursuing a product liability claim against these manufacturers is a complex process that requires the expertise of a highly skilled and experienced product liability trial lawyer.
At Gabriel Legal Injury Lawyers, our team has extensive practical knowledge of product liability litigation and a track record of taking on powerful conglomerates. We have the experience necessary to handle all types of product liability cases in the New York area.
If you or your family members have fallen victim to a defective product, contact us at (212)-463-8888. We will assess your case and determine if there is a viable product liability claim to be pursued.
Protect your rights and seek the compensation you deserve with the help of our dedicated product liability lawyers. Reach out to Gabriel Legal Injury Lawyers today for a comprehensive evaluation of your case.
Determining Liability in an New York Personal Injury Claim
Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.
It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.
By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.
The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.
It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.
Overview of the Personal Injury Lawsuit Process
It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:
01
Initial Consultation
02
Case Investigation
03
Filing Court Documents
04
The Discovery Process
05
Pre-Trial Litigation and Motions
06
Trial
Arrange Your Free Consultation in New York
Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.
Let’s talk
Contact us today for a free consultation and let us assist you in moving forward after this challenging time.