Product Liability Attorneys in Long Island, New York
Products have become safer over time as technology and medicine have advanced. For example, cars are much safer now than they used to be, and we have many life-saving drugs that once did not exist. However, the drive for profit has led many companies to design and manufacture products that have proven to be defective. Whether a defective product is a component of a vehicle, such as an airbag or brakes, or a medical device or prescription medication that is linked to serious injuries or deaths, there is a way to hold a company liable for the damage their product has caused, and that is by filing a Long Island product liability lawsuit.
Defective products can turn up just about anywhere. Many children’s toys, over-the-counter medications, and consumer products, such as baby powder with talc, have caused innocent people to suffer injuries and deaths. When a company cuts corners to increase profits, it puts consumers at risk, and these companies should be held responsible for their actions. The Long Island product liability attorneys at Parker Waichman LLP have experience with a wide range of defective product claims, helping numerous clients on Long Island and throughout the rest of New York and the United States to get compensation for their injuries, and we can help you, too. Call today for a free consultation with a Long Island product liability attorney to see what we can do to bring the maker of a defective product to justice.
Different Ways in Which a Product Can Be Defective
Products can be defective in multiple ways. Sometimes, a product is defective in all respects, while in others, a product may only be defective in one way. A Long Island product liability lawsuit may be based on three types of defects:
- Design defects
- Manufacturing defects
- Inadequate warnings to consumers
A product always starts with its design. If the design causes a product to be unsafe, then the product will be unsafe regardless of how the product is manufactured and how any warnings about the product are communicated to consumers.
A manufacturing defect is a situation where a product becomes defective during the manufacturing process. While the design may be perfectly OK, something has gone wrong in the manufacturing stage that makes a product defective. For example, if a vehicle was put together using the wrong screws or bolts and the defect caused an accident that resulted in injuries, this would be considered a manufacturing defect. Had the correct screws or bolts been used, the vehicle may not have been involved in an accident.
Failure to Warn
Warnings are crucial for any product, whether the product is a pharmaceutical drug or device, a car component or a children’s toy. If a company does not warn about the risks associated with a product, there is no way for a consumer to know that such dangers exist. Often, companies are aware of risks that they choose not to communicate. This is prevalent in the area of pharmaceutical product liability. For example, if a pharmaceutical company is aware that one of its drugs is linked to heart attacks and decides not to communicate this risk to doctors and patients, that company can be held responsible if a person subsequently suffers a heart attack.
Injuries Sustained Because of Defective Products
The injuries sustained by consumers due to defective products can be catastrophic and sometimes fatal. Such injuries can include:
- Broken bones, head injuries, lacerations, and or paralysis sustained in car accidents resulting from a defective vehicle
- Choking (in the case of a defective toy)
- Severe illness (in the case of contaminated food produced in large quantities)
Because there are so many consumer products, the types of injuries that can be caused by defective products are endless. Speaking with a product liability attorney about injuries associated with a product is the best way to find out whether these injuries were sustained because of the product and whether the injuries were preventable.
Understanding the Basis for Long Island Product Liability Claims
Lawsuits involving product liability are governed by a different set of laws than a general personal injury case, such as a claim based on an auto accident or slip and fall accident. For example, when pursuing a product liability lawsuit, an injured person does not always need to prove that a company was negligent. Instead, a company can be held what is called “strictly liable” under New York law. To hold a company strictly liable, a person pursuing a product liability lawsuit must establish:
- A product was defective at the time a person suffered injuries.
- The person sustained documented injuries and other damages (such as financial losses in the form of medical expenses and lost wages).
- There is a link between the defective product and the person’s injuries, meaning that the product caused the person to suffer injuries.
Even though an injured person does not need to establish that a company acted negligently when producing and selling a defective product, the injured person still must establish that the product did, in fact, cause injuries.
In addition to filing a lawsuit alleging that a company should be held strictly liable for its defective product, a plaintiff may also allege that a company was negligent or that a company breached its warranty that a product was safe for its intended use. These claims have different requirements, and experienced Long Island product liability lawyers should be able to build the strongest possible case to support each claim.
A Long Island Product Liability Lawsuit May Involve Multiple Defendants
When pursuing a product liability lawsuit, it’s not uncommon to file the lawsuit against more than one defendant. The design, manufacture, marketing, and sale of a product can involve multiple companies, and a product may change hands numerous times before reaching the consumer. For example, a product liability lawsuit may be filed against the company that designed the product, the company that manufactured the product (if different from the designer), the company that distributed the product, and the company that sold the product. Because the product changed hands, the product could be defective at any stage, and it takes a thorough investigation by a qualified Long Island product liability attorney to determine in what way a company was responsible for getting a defective product to the market.
Does a Case Take Longer if More Than One Defendant Is Involved?
It depends. It is true that some product liability cases take longer because of the number of defendants involved. However, if it’s clear that a defective product caused a person’s injuries, the number of defendants involved does not matter. One defendant may wish to blame another defendant for the subsequent harm, and this may create more work and cause a trial to take longer than it ordinarily would. But the ultimate goal of recovering compensation for injuries should be the driving force behind pursuing a case, regardless of how many defendants may be involved and how long the process may take.
Where to File a Long Island Product Liability Lawsuit
When a person files a product liability lawsuit on Long Island, New York state law will govern the claims. If the companies allegedly at fault for getting a defective product to the market are New York companies, then a product liability lawsuit may be filed in New York state court. If a company is based in another state, the claim may be filed there. An experienced product liability lawyer can determine the right venue for your case to ensure that it’s filed promptly and correctly.
How Much Time Do You Have to File a Long Island Product Liability Lawsuit?
When pursing a lawsuit in New York, a product liability lawyer on Long Island must be aware of the relevant state statutes of limitations to ensure that claims are filed on time.
- Product Liability: A person has three years from the date they sustained injuries because of a defective product to file a product liability lawsuit.
- Personal Injury: A person has three years from the date they sustained injuries to file a personal injury lawsuit.
- Wrongful Death: The representative of a deceased individual’s estate has two years from the date of the individual’s death to file a wrongful death claim for fatal injuries sustained because of a defective product, medical malpractice or accident.
- Exceptions: There are a few situations in which the deadline to file a lawsuit may be different, depending on the specific circumstances of your case. A skilled Long Island product liability attorney will be able to accurately calculate the deadline for your case to ensure that your claim is timely.
What You Should Know About the Process of Pursuing a Long Island Product Liability Lawsuit
Product liability lawsuits can be more complicated than a car accident or slip and fall case. The defendants in product liability cases will fight tooth and nail to prevent an injured person from obtaining compensation, but with the help of a Long Island product liability lawyer at our firm, injured individuals will have a strong advocate on their side to help them stand up to large companies whose products have caused unnecessary harm to innocent victims.
Anyone filing a lawsuit should expect the process to consist of the following steps:
- Case Evaluation: Before a lawsuit can be filed, an attorney must first speak with the potential client and gather initial facts about the alleged defective product and resulting injuries.
- Case Decision: An attorney will either agree to take the case on behalf of a new client or decline the case and provide a thorough reason for why the case has been declined.
- Complaint: Once a decision has been made to pursue a lawsuit, a complaint for damages and demand for a jury trial will be filed either in New York state court or federal court.
- Discovery Stage: After a complaint is filed, the plaintiff and defendant(s) exchange “discovery,” which includes medical records, company documents, and other evidence that allows the parties to investigate the claims and defenses. Depositions are also taken of witnesses, experts, and corporate representatives. Experts will also produce reports that support their opinions either on behalf of the injured plaintiff or on behalf of the defendant(s).
- Arbitration/Mediation/Settlement Negotiations: Settlement negotiations may begin during the discovery stage. However, mediation and settlement negotiations often do not happen until the parties have all of the evidence and information they need to support their side of the case.
- Trial: If a case does not settle through mediation or negotiations between the parties, the case will go to trial, where a jury will decide in favor of the injured plaintiff or the defendant(s). Settlement negotiations may continue throughout the trial, and it’s not uncommon for a case to settle before it goes to the jury for decision.
- Appeals Process: The losing party at trial may file an appeal to overturn the jury’s verdict. The entire appellate process can take a very long time, and a case could be stuck in court for years. Many individuals decide to settle cases before they go to trial to avoid the potential of a case being appealed.
Choose a Skilled Attorney for Your Product Liability Lawsuit
As a nationally recognized law firm, Parker Waichman is known for successfully representing the rights and interests of injured individuals and loved ones who have lost a family member because of fatal injuries. In addition to handling product liability lawsuits, our firm represents clients who have suffered personal injuries from workplace accidents, auto accidents, slip and fall accidents, medical malpractice, construction accidents, and nursing home abuse and neglect as well as many other types of negligence. We have obtained more than $2 billion in compensation for our clients through settlements and verdicts at trial, and our Long Island product liability attorneys fight hard to get every client the compensation they deserve.
Not only are we highly regarded by our clients, but we’re well-respected by our peers. Our law firm has earned a variety of accolades, including Martindale-Hubbell’s highest peer-review rating, a near-perfect 9.8 rating from AVVO, and inclusion in Best Lawyers, an honor based on extensive peer review. Parker Waichman is a trusted name with both plaintiffs and our fellow lawyers, earning a solid reputation for excellence that clients can count on. When you choose to work with a Long Island product liability attorney on our team, you can rest assured that we’ll fight hard for you.
Get a Free Consultation Today for a Product Liability Claim
If you or a loved one has been harmed by a defective product, you must act quickly to protect your legal rights. Call Parker Waichman today at 1-800-YOUR-LAWYER (1-800-968-7529) to schedule a free consultation with a Long Island product liability lawyer and learn how we can help you get the compensation you deserve. Our multilingual attorneys will answer your questions, examine your case, and help you decide what steps you should take next, and we’ll do so with no obligation. With the help of an experienced product liability attorney on Long Island, you can stand up for your legal rights.
How Do I Get My Police Report?
Within hours of an arrest or accident, a police report is generated by the investigating officer who inputs the case information. If the case is ongoing, it may be difficult to obtain the report or you may only be able to get the “public portion” until the case has wrapped up and any charges have been filed. After the police investigation has concluded, your attorney will have access to the full police report and you can ask them for a copy. The only other way to obtain a copy of a police report is to go to your local government website and request a report by filling out a form and either submitting it electronically, via mail, or in person depending on the instructions listed on your local government’s website. There may be a fee associated with requesting a copy of a police report and it may take several days after the incident for the report to be available.
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Nassau County Auxiliary Police (516) 679-5810
2708 Pettit Avenue, Bellmore, NY 11710 East Rockaway Police Department (516) 887-6319
6 James St S, East Rockaway, NY 11518 Nassau County Police Department (516) 573-4450
376 Atlantic Avenue, East Rockaway, NY 11518 Freeport Police Department (516) 378-0700
40 N Ocean Avenue, Freeport, NY 11520 Nassau County Police Department (516) 573-6500
1655 Dutch Broadway, Elmont, NY 11003 Floral Park Police Department (516) 326-6400
1 Floral Boulevard, Floral Park, NY 11001 Garden City Police Department (516) 465-4100
349 Stewart Avenue, Garden City, NY 11530 Glen Cove Police Department (516) 676-1000
1 Bridge St, Glen Cove, NY 11542 Great Neck Estates Police Department (516) 487-7700
1 Cedar Drive Great Neck, NY 11021 Kensington Police Department (516) 482-0480
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286 N Wantagh Avenue, Bethpage, NY 11714 Long Beach Auxiliary Police (516) 431-6868
859 E Park Avenue, Long Beach, NY 11561 Long Beach Police Department (516) 431-1800
1 W Chester St, Long Beach, NY 11561 Lynbrook Police Headquarters (516) 599-3300
1 Columbus Drive, Lynbrook, NY 11563 Malverne Police Department (516) 599-3141
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300 Garfield Avenue, Mineola, NY 11501 Nassau County Police Department (516) 573-7000
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1 Store Hill Road A, Old Westbury, NY 11568 Centre Island Police Department (516) 922-6466
100 Centre Island Road, Oyster Bay, NY 11771 Oyster Bay Cove Police Department (516) 922-6363
Berry Hill Road, Oyster Bay, NY 11771 Port Washington Police Department (516) 883-0500
500 Port Washington Boulevard, Port Washington, NY 11050 Sands Point Police Department (516) 883-3100
26 Tibbits Lane, Port Washington, NY 11050 Rockville Centre Police Department (516) 766-1500
34 Maple Avenue, Rockville Centre, NY 11570 Nassau County Police Department (516) 573-6700
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645 Union Avenue, Westbury, NY 11590 Nassau County Police Department (516) 573-6300
214 Hillside Avenue, Williston Park, NY Williston Park Auxiliary Police (516) 746-0720
494 Willis Avenue, Williston Park, NY 11696 Jericho Auxiliary Police (516) 364-3433
807 Dee Ln, Woodbury, NY 11797 Nassau County Police Department (516) 573-6200
7700 Jericho Turnpike, Woodbury, NY
St. Joseph Hospital (516) 579-6000
4295 Hempstead Turnpike, Bethpage, NY 11714 Nassau University Medical Center (516) 572-0123
2201 Hempstead Turnpike, East Meadow, NY 11554 Glen Cove Hospital (516) 674-7588
101 St Andrews Lane, Glen Cove, NY 11542 South Nassau Communities Hospital Off-Campus Emergency Department (516) 870-1010
325 East Bay Drive, Long Beach, NY 11561 North Shore University Hospital (516) 562-8730
300 Community Drive, Manhasset, NY 11030 NYU Winthrop Hospital (516) 663-0333
259 First Street, Mineola, NY 11501 Mount Sinai South Nassau (516) 632-3000
One Healthy Way, Oceanside, NY 11572 Plainview Hospital (516) 719-3000
888 Old Country Road, Plainview, NY 11803 Mercy Medical Center (516) 705-2525
1000 North Village Avenue, Rockville Centre, NY 11570 St Francis Hospital (516) 562-6000
100 Port Washington Boulevard, Roslyn, NY 11576 Syosset Hospital (516) 496-6400
221 Jericho Turnpike, Syosset, NY 11791 Northwell Health - Long Island Jewish Valley Stream (516) 256-6000
900 Franklin Avenue, Valley Stream, NY 11580
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Amityville Police Department (631) 264-0400
21 Ireland Place, Amityville, NY 11701 Saltaire Public Safety Office (631) 583-5572
14 Bay Prom St, Bay Shore, NY 11706 Suffolk County Police Department (631) 854-8300
1630 5th Avenue, Bay Shore, NY 11706 NY State Police (631) 231-5962
800 Crooked Hill Road, Brentwood, NY 11717 MTAPD (631) 851-2230
10 West Suffolk Avenue, Central Islip, NY 11722 East Hampton Police Department (631) 324-3018
159 Pantigo Road, East Hampton, NY 11937 East Hampton Village Police Department (631) 324-0777
1 Cedar St, East Hampton, NY 11937 Huntington Bay Police Department (631) 427-2843
244 Vineyard Road, Halesite, NY 11743 Southampton Town Police Department (631) 728-3400
110 Old Riverhead Road, Hampton Bays, NY 11946 Lloyd Harbor Police Department (631) 549-8800
380 W Neck Road, Huntington, NY 11743 Suffolk County Police Department (631) 854-8200
1071 Park Avenue, Huntington, NY 11743 Harbor Police Department (631) 224-5656
Bayview Avenue, Islip NY 11751 Montauk Police Precinct (631) 668-3709
52 S Embassy St, Montauk, NY 11954 Asharoken Police Department (631) 261-7400
1 Asharoken Avenue #1, Northport, NY 11768 Northport Village Police Department (631) 261-7500
224 Main St, Northport, NY 11768 Ocean Beach Police Department (631) 583-5866
1 Bay Walk, Ocean Beach, NY 11770 Southold Police Department (631) 765-2600
41405 Route 25, Peconic, NY 11958 Quogue Police Department (631) 653-4175
115 Jessup Avenue, Quogue, NY 11959 Riverhead Police Department (631) 727-4500
210 Howell Avenue, Riverhead, NY 11901 Sag Harbor Police Headquarters (631) 725-0058
70 Division St, Sag Harbor, NY 11963 Head of the Harbor Police Department (631) 584-7891
500 Route 25a, St James, NY 11780 Nisseuogue Police Department (631) 584-5302
Moriches Road, St James, NY 11780 Old Field Village Constables (631) 941-9401
207 Old Field Road, Setauket, NY 11733 Shelter Island Police Department (631) 749-0600
44 N Ferry Road, Shelter Island, NY 11964 Southampton Village Police (631) 283-0056
151 Windmill Ln, Southampton, NY 11968 East Hampton Town Police Department (631) 537-7575
131 Wainscott Road, Wainscott, NY 11975 Suffolk County Police Department (631) 854-8100
555 Route 109, West Babylon, NY 11704
Southside Hospital (631) 968-3000
301 East Main St, Bay Shore, NY 11706 Stony Brook Eastern Long Island Hospital (631) 477-1000
201 Manor Place, Greenport, NY 11944 Huntington Hospital (631) 351-2200
270 Park Avenue, Huntington, NY 11743 Long Island Community Hospital (631) 654-7100
101 Hospital Road, Patchogue, NY 11772 John T Mather Memorial Hospital of Port Jefferson New York Inc (631) 473-1320
75 North Country Road, Port Jefferson, NY 11777 St. Charles Hospital (631) 474-6600
200 Belle Terre Road, Port Jefferson, NY 11777 Peconic Bay Medical Center (631) 548-6000
1300 Roanoke Avenue, Riverhead, NY 11901 St Catherine of Siena Hospital (631) 862-3107
50 Route 25a, Smithtown, NY 11787 Stony Brook Southampton Hospital (631) 726-8200
240 Meeting House Lane, Southampton, NY 11968 University Hospital (631) 444-2701
Health Sciences Center SUNY, Stony Brook, NY 11794 Good Samaritan Hospital Medical Center, (631) 376-3000
1000 Montauk Highway, West Islip, NY 11795
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