WESTCHESTER AND NEW YORK CITY PRODUCT LIABILITY AND DANGEROUS PRODUCT LAWYERS

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.

WARRANTY

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 many other cases in which a product's warnings were deficient. Where a product has the capability to ignite, provide an electrical shock or cause some other harmful result, which was not made apparent, then you have a lawsuit, if you were injured. 

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.

 MEDICAL DEVICE  LITIGATION

 If you had a medical device that failed and required a further surgery you may have a case. Surgical devices, such as those used in open reduction and internal fixation of fractures, are warranted to be suitable for their purpose. Often to get medical approval for the use of these devices, manufacturers make representations, based upon testing as to the strength and capabilities of the medical device, which is based upon testing. 

Where a surgical device fails, a fracture analysis can usually determine if the device was not properly manufactured or was not manufactured in accordance with the manufacturer's specifications. Even where there is no obvious defect, the fact that a medical device failed to conform to the manufacturer's representations as to the product's capabilities, is sufficient to allow you to bring a lawsuit for the additional pain, suffering and inconvenience of having to undergo further surgical procedures for a condition which should have been treated properly in the first place. 

FOREIGN OBJECTS OR VERMIN IN FOOD 

If you bit into a meal at a restaurant or took a sip of a beverage, only to find that you suffered an injury, because of a foreign object, or got sick because of a roach or other bug, then you have a lawsuit. Sellers of food, such as restaurants are required to serve food of at least an average quality. Where food contains sharp or hard objects and you lose a tooth or suffer some other type of injury, the food was not of merchantable quality and should not have been sold. 

Likewise New York Health Codes require that restaurants take steps to eliminate mice, vermin, roaches and bugs. Where a restaurant failed to maintain a healthy and clean kitchen and you eat food or sip a beverage, and then realize there was a bug or other vermin, you have a lawsuit, especially if  you became sick or ill as a result. 

Our dangerous food attorneys have decades of experience in handling dangerous food cases and many of our cases have been featured in the New York press

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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