Product Liability Attorneys In New York
In the United States, product manufacturers, designers, and distributors are under a legal obligation to ensure that the products they release to market are safe and present no unreasonable risk of injury or illness to purchasing consumers.
In New York, the law mandates manufacturers and sellers ensure the products they sell are neither defective nor dangerous to consumers. What’s more, companies must indicate proper warnings should any part of their products be unsafe or if the use of the products may be hazardous to consumer safety or health.
Many injuries and deaths due to defective products may have been avoided had manufacturers designed better products and the manufactures and sellers of those products followed the law and properly warned users of product dangers.
If you believe that you sustained injuries due to an allegedly defective product, you may have a valid product liability claim. It is possible to hold the negligent party accountable for your losses through legal action. This may help to provide monetary recourse while also preventing others suffering from injury, sickness, or death due to the defective product.
The lawyers at Parker Waichman LLP have decades of successful history in New York fighting product liability claims for its clients.
How Do I Know If I Have A Valid Product Liability Claim In New York?
Most product liability laws are determined at the state level and vary from state to state. Each type of product liability claim calls for different elements to be proven to present a successful claim. In the United States, the claims most commonly associated with product liability are negligence, strict liability, breach of warranty, and various consumer protection claims.
There are any number of ways in which a consumer may be injured by a product he or she purchased. This does not mean that the product is faulty. Product defects arise from negligence or poor oversight during the design, manufacture, or sale of the product and involve defective design, manufacturing defect, failure to warn, and marketing misrepresentation.
When a product is deemed unreasonably dangerous and presents a threat to the user, design defect has occurred. In this type of situation, the claim would be that the product functioned as it was meant to, but the design was negligent. In other words a reasonable manufacturer should have known that the design of the product was defective and that it was conceivable that the design of the product could have led to the product user’s injury, illness, or death.
Once a hazard is identified in a product, the design engineer must follow an accepted design priority that is recognized by all design engineers in minimizing the likelihood of the dangerous condition of the product leading to injury or death. The dangerous condition must have been designed out of the product if that may be accomplished without destruction of the product’s utility. If this cannot be accomplished, then the product’s dangerous condition must be guarded against.
Should this prove to be impossible, a warning must be issued that the dangerous condition of the product may potentially cause injury, illness, or death.
In a manufacturing flaw case, the injury, illness, or death was caused by a flaw in the manufacture of the defective product. The product must also found to have been improperly manufactured. This improper manufacture then led to a dangerous condition that made the product defective and dangerous causing injury, illness, or death to consumers.
When the product manufacturer does not include a warning of the potential dangers of using the alleged defective item, this constitutes failure to warn. The manufacturer of a product that is reasonably certain to be dangerous if used in a way that is likely, is under a duty to provide sufficient warning of any danger known in the use of reasonable care of the product.
Marketing misrepresentation occurs when a product seller does not provide sufficient instruction or warning about use of the allegedly defective product and misrepresents how the product should be appropriately used.
Proving A Product is Defective
The person who is alleging an injury due to a defective product must show the extent of the injury or illness—including death, if death occurred—that was caused by the allegedly faulty product using. This would be shown by use of the consumer’s medical records, photographs of the harmed party’s injury, and other signs of damages associated with the allegedly defective product.
The product involved must also be shown to be defective and the product itself should be preserved. The New York defective product attorneys at Parker Waichman have decades of experience working with clients on defective product claims.
Some types of defective products are kitchen appliances and cookware, powered gardening equipment, power tools, home appliances and machines, prescription medications, medical devices, automobiles, bicycles, motor cycles, baby toys, baby furniture, car seats, children’s toys and clothing, and cancer-causing chemicals.
When To File A Product Liability Claim in New York
When considering an injury claim, there is a specific amount of time in which to take action against the allegedly liable party. This time frame is known as the statute of limitations. The statute of limitation clock begins as soon as the injury or damage occurred or when the victim became aware of the injury that was caused by the allegedly defective product.
The statute of limitation varies from state to state; however, in the state of New York, the statute of limitations on product liability cases is a maximum of three years to file a claim.
In the state of New York, either the injured individual or the family of a person who died as a result of a defective product may file a product liability claim.
Legal Help for New York Product Liability Accident Victims
Parker Waichman has decades of experience representing victims of consumers injured due to defective products. If you or someone you know was injured or died due to a defective product, you may have valuable legal rights. Our New York defective product personal injury attorneys offer free, no-obligation case evaluations. For more information, please call us at call 1-800-YOURLAWYER (1-800-968-7529).
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