Our New York Personal Injury attorneys have extensive experience in handling products liability cases. When a consumer is injured by a dangerous or defective product, the consequences can be devastating and these types of personal injuries are a tragedy because they are often preventable if the manufacturers would comply with basic quality assurance procedures.
NEGLIGENCE IN MANUFACTURE
There are numerous reasons a product can be dangerous, defective or unreasonably dangerous. A product can be defectively manufactured or defectively designed. In a defective manufacture case, typically, the cause is either a substandard material or poor workmanship. In general manufacturers and retail stores are responsible to compensate their customers who sustain injuries because of products that were not manufactured in accordance with the manufacturer's specifications or if the product malfunctions during its normal and expected use and the consumer gets injured. injured. In design defect cases, manufacturers are held responsible for the risk posed by a flaw in the product’s design.
Having an attorney with the right expertise to prosecute a products liability case is critical to your case.
If you find yourself being injured or harmed as a result of using a defective product, you are entitled to file a lawsuit and get compensated for the damages you have sustained. An experienced products liability trial lawyer knows how to handle such cases. Our attorneys have handled numerous product liability cases in courts throughout the nation and have extensive experience in connection with a wide range of products, including firearms and accessories, industrial machinery and equipment, chemicals and inks, food products, lead paint, sports equipment, and pools and diving boards. Our superior knowledge of product liability lawsuits, and our aggressive approach to the prosecution of our cases, allows us to obtain the compensation you deserve.
There are also warranty causes of action in defective products cases. In general if a good or product falls below the average quality that a product is supposed to conform to or would not pass as acceptable in the trade or profession in which the product is manufactured or sold, a breach of the implied warranty of merchantability has occurred under New York’s uniform commercial code. Common examples in which our New York product liability personal injury lawyers have been involved includes cases involving foreign objects in food cases, such as dead insects, rodents and even in one case a hypodermic needle. Other examples of cases in which our New York product liability personal injury lawyers have been involved include failures of saws, ladders, pumps and other machinery where a premature failure of a part or component has occurred, which evidences poor use and selection of materials and inadequate workmanship.
A substandard product which does not conform to the manufacturer’s own representations also breaches the express warranty. These cases often involve failures of products which are warranted to be of a certain industry defined grade, rating or specification. Common examples in which our New York product liability personal injury lawyers have been involved includes wood or metal which is represented by the retailer to be of a commercial grade or metal and which fails when it is used within the manufacturer’s specifications.
FAILURE TO WARN CASES
A product can also be unreasonably dangerous if the product has dangerous propensities and the manufacturers do not post explicit and conspicuous warnings of the dangers. Common examples of cases in which our New York product liability personal injury lawyers have been involved includes machinery which can ignite when it comes into contact with certain fluids, medication which has certain side effects that were not disclosed, undisclosed risks of using less-than-lethal devices (Tasers, pepper spray, etc.), and and other cases in which a product's warnings were deficient.
Our New York personal injury lawyers remain dedicated to protecting the New York City metropolitan areas’ consumers. Our products liability attorneys are vigilant in protecting New York’s consumers including those injured in New York City (Bronx, Manhattan, Queens and Brooklyn), Rye, Scarsdale, Yonkers, Mamaroneck, Elmsford, Mount Vernon, Bronxville, Ossining, Port Chester, Greenburgh, New Rochelle, Irvington, Tarrytown, Sleepy Hollow, Valhalla, Mount Pleasant and Mount Kisco. From our Manhattan and New York offices our New York products liability and accident lawyers are ready to protect the public.
Our New York personal injury lawyers offer free consultations in our New York City (Manhattan) office and White Plains office. Call us at (212) 858-0503 to discuss your case with our New York City product liability attorneys and check if you have a valid claim, or at (914) 574-8330 for an appointment in our White Plains office in Westchester, N.Y.
- Warranty Claims in Medical Device Litigation