Product Liability Attorneys In Long Island
When purchasing a product, consumers expect that product to be reasonably safe. If a product is defective and causes injury, the manufacturer can be held liable through product liability law. Under product liability law, consumers can file a lawsuit against a manufacturer or seller for introducing a defective and dangerous product. Product liability is generally subject to state laws, and there is no federal law governing product defects.
The Long Island product liability lawyers at Parker Waichman LLP have decades of experience successfully representing clients in product liability lawsuits. Contact one of our attorneys today for a free, no-obligation legal consultation. We work on a contingency fee, meaning you only pay attorneys’ fees if we win your case.
What is Product Liability?
Product liability law dictates who is liable for injuries caused by a defective or dangerous product. If a manufacturer or seller introduce a product that harms consumers, they are subject to product liability litigation. All parties in the distribution chain can be held liable for a defective product that injuries consumers.
Compared to typical personal injury law, consumers may have an easier time suing over product liability. Legally, a product is expected to meet consumers’ ordinary expectations. Said product does not meet ordinary expectations if it causes injury.
Examples of liable parties in a product liability lawsuit include:
- The manufacturer of the product
- The manufacturer of product components or parts
- The company who assembles the product
- The wholesaler
- The retail store who sold the final product to consumers
Types of Product Liability Lawsuits
A product liability lawsuit can be filed over any consumer product that caused injury due to a defect. Examples include lawsuits over defective drugs and medical devices, defective automobiles, defective baby products, and other products.
There are three main theories with product liability, through which a consumer can recover damages for injuries: strict liability, negligence and breach of warranty. In product liability claims, strict liability is the most commonly assert theory.
In ordinary personal injury claims, the plaintiff must often show that the defendant was negligent in a way that caused them harm. In the legal world, a negligent party is one who was careless and failed in their duty of care. The law expects everyone to act with a certain level of care to not harm people around them.
When an action is brought under the theory of strict liability, however, the plaintiff does not have to prove negligence. Strict liability allows a consumer to sue simply if they were injured by a product that was defective. This theory exists in product liability law because plaintiffs cannot be expected to show when and how a manufacturer was negligent in making a consumer product.
Generally, consumers can bring a lawsuit under strict liability if they were injured due to a product defect, the injury occurred when the product was being used as intended, and the product did not change substantially from the time of purchase.
In New York, breach of warranty claims can be based on breach of express warranty, or implied warranty of merchantability or the fitness of a product for a specific use. An express warranty is when the manufacturer gives a statement guaranteeing that its product will function a certain way for a length of time. Essentially all products include an implied warranty of merchantability. This means that when you buy a product, it is guaranteed to work as claimed. Implied warranty of fitness means that a product was guaranteed for a specific purpose.
Types of Product Defects
If a consumer is injured by a defective product and chooses to file a lawsuit, they must prove that the product is defective. Under product liability, there are three general types of product defects: design defects, manufacturing defects and marketing defects.
When a product has a design defect, it means that it was inherently unsafe even before being manufactured or assembled. When suing over a design defect in New York, the plaintiff must show that the product was not reasonably safe. Additionally, the plaintiff must show that it was feasible to implement a safer design and that the defect caused the injury.
A manufacturing defect means that a product is made unsafe while being produced or assembled. When there is a manufacturing defect, it means that the final product deviated from its original design. For example, a prescription medication may be safely designed but became unsafe due to contamination at the manufacturing facility. Plaintiffs suing for manufacturing defects in New York do not have to prove negligence; they must show that they were injured because the product did not perform as intended.
A product liability claim filed over marketing defects means that the product was marketed in an improper manner. Examples include failure to warn, incorrect labeling or inadequate instructions. The law requires manufacturers to warn of any hidden dangers associated with using their product. Manufacturers must also provide instructions on how to use their product safely. Generally, warnings must be clear, specific and easy to find.
Suing for Damages Resulting from a Defective or Dangerous Product
If you were injured due to a defective product, you may be able to obtain compensation. Product defect injuries can be serious, and in some cases life-threatening. It can lead to financial loss, emotional distress, and affect your professional career.
For more information about filing a Long Island product defect lawsuit, contact a product liability attorney at Parker Waichman today.
You can recover damages, or monetary compensation, for injuries associated with a defective or dangerous product. Damages commonly include medical bills, including emergency room visits, hospital fees, the cost of surgery, prescriptions, doctors’ visits, medical equipment and physical rehabilitation. An injured plaintiff can also recover for loss of income, both for past and future earnings. For example, you may have had to miss many days off from work or perhaps your injury left you unable to continue your profession.
Other damages include pain and suffering, including emotional distress and loss of enjoyment in life. If injuries from a defective product were fatal, the surviving family can also file a wrongful death lawsuit.
Filing a Long Island Product Liability Lawsuit
If you or someone you know was injured due to a defective product, contact one of our Long Island product liability attorneys today. Parker Waichman offers free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).
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