When manufacturers sell dangerous or defective products, the consequences can be severe. Defects in products like tools or heavy equipment can cause devastating injuries, as can defects in products like automobiles and medical devices. All manufacturers have a legal obligation to make sure that their products are safe for use and are packaged with adequate warnings. Patients and consumers trust that the products they’re receiving are safe, and our law firm is here to help when a manufacturer betrays that trust.
At Parker Waichman LLP, we firmly believe that the judicial system plays an important role not only in helping victims recover damages for the ways they have been harmed by defective products, but also in creating a safer environment for patients and consumers in the future. When we hold manufacturers accountable through the courts, we can effect meaningful change while bringing some stability and closure to our clients’ lives.
If you’ve been harmed by a flawed product, a skilled attorney can help you get the compensation you deserve for your injuries. The experienced product injury lawyers at Parker Waichman have successfully stood up for the rights of numerous victims of defective product injuries. Our office takes a wide range of product liability cases, from consumer products to medical devices. No case is too complex for us, and no manufacturer is immune from liability. Contact us today for a free consultation to learn how we can help you.
Medical Device Litigation
Medical devices include both medical instruments and surgical implants. We have litigated medical device cases for decades, helping patients recover compensation for the ways they have been injured during or after a medical procedure. Currently, we are pursuing lawsuits against manufacturers of the following medical devices (among many others):
- Bair Hugger Warming Blanket: The Bair Hugger is a forced-air warming device used during surgeries to regulate patients’ body temperature. These devices are often used during joint replacement surgeries and include both a disposable blanket and a portable floor machine. Studies show that the Bair Hugger can become contaminated with bacteria and deposit contaminated air onto patients’ open surgical wounds. Patients can then develop severe, deep joint infections that sometimes require amputation. We are filing lawsuits against the Bair Hugger’s manufacturer to recover losses on behalf of knee and hip replacement patients.
- Metal-on-Metal Hip Implants: When hip implants are composed entirely of metal (meaning both the ball and the socket components are metal), the components can release metal ions into the body. Patients can then develop metal poisoning, a condition called metallosis. This condition causes serious side effects that often require surgery. Numerous metal-on-metal hips have been on the market throughout the years, and we are pursuing litigation against several manufacturers on behalf of our hip implant clients.
- Hernia Mesh: During a surgical procedure to repair a hernia, doctors will often use a piece of polypropylene or polyester mesh. The mesh is essentially a plastic material with many holes, somewhat resembling a window screen. It is used to hold the bulging tissue or organ in place while reinforcing the tissue wall around it. Research has proven that this mesh causes serious complications, including infections, erosion, perforation, and bowel obstruction. Our firm is filing cases against many mesh manufacturers for selling unreasonably dangerous mesh implants without warning about all of the severe risks.
If a medical device has injured you, contact our firm today to find out about your options for legal recourse.
Prescription Drug Litigation
The makers of brand-name prescription drugs have to satisfy certain requirements from the U.S. Food and Drug Administration (FDA) before they are able to sell their drugs. Thereafter, they have an ongoing legal duty to make sure that their drugs are safe and carry adequate warnings. When manufacturers fail to do so, we step in to help people. Our firm is currently litigating cases involving the following drugs (among numerous others):
- Proton Pump Inhibitors (PPIs): PPIs can be both prescription and over-the-counter drugs, and they are most commonly used to treat heartburn. You are probably familiar with the popular PPIs Nexium and Prilosec. These are intended to be taken for a short period of time, but people are taking them longer and longer. Recent studies have tied PPI use to kidney injuries, including acute interstitial nephritis, chronic kidney disease, and kidney failure. The drugs have also been linked to pancreatic injuries, including pancreatic cancer. We are suing several manufacturers for encouraging misuse of these drugs and failing to warn about the side effects.
- Opioid Painkillers: Opioid addiction has reached incredible numbers in the United States, and the issue has been declared a public health emergency by the Department of Health and Human Services. More and more people have started taking opioids like hydrocodone and fentanyl, and the extreme addictiveness of these drugs can quickly cause people to become dependent and potentially overdose. Opioid manufacturers engaged in practices that helped to create the current opioid crisis, and Parker Waichman is working to hold them responsible.
- Tasigna: Tasigna is a drug used to treat a type of cancer called Philadelphia chromosome-positive chronic myelogenous leukemia (Ph+ CML). The manufacturer of Tasigna started ramping up marketing of the drug when its other cancer treatment drug, Gleevec, was about to lose patent protection. During this time, the manufacturer knew Tasigna caused a potentially fatal condition called atherosclerosis. Atherosclerosis is a thickening or blockage of a person’s arteries that can lead to heart attack, stroke, and death. Our firm is investigating these cases and filing lawsuits on behalf of injured patients and their families.
If you used a prescription or over-the-counter drug and developed a dangerous side effect or complication, contact Parker Waichman to see if you might be eligible to file a lawsuit against the manufacturer.
Defective Automobile Litigation
Automobile manufacturers must make sure that their cars, SUVs, and trucks are safe before selling them to consumers. Defects in automobiles can cause serious injury to both the occupants of the defective vehicle and other motorists and pedestrians on the road. Some defective vehicle cases we have seen have involved:
- Faulty brakes
- Steering wheel malfunctions
- Airbag defects
- Hood malfunctions
- Faulty transmissions
- Defective seatbelts
State consumer protection laws, including New York‘s Lemon Law, help to protect people who buy faulty cars, and our law firm helps people who have been injured because of a defective vehicle. If you bought a defective vehicle or were injured because of a defective automobile, contact Parker Waichman today for a free case evaluation from one of our experienced product liability attorneys.
Cosmetic Products Litigation
Cosmetic products are not as closely regulated by the FDA as medical products, which means cosmetic product manufacturers do not have to go through the same approval process with the FDA before sending their items to store shelves. However, that does not mean that manufacturers of cosmetic products get a free pass to sell dangerous products. They still have a duty to make sure that the products they’re selling are safe for consumers to use. When they sell dangerous products and injure people, our firm fights back.
One cosmetic product we are heavily litigating over right now is talcum powder. Women often use talcum powder, like Johnson’s Baby Powder and Shower to Shower powder, for feminine hygiene. Many women dust their undergarments and groin area with powder to prevent odor and excess moisture. This practice was initiated in part because of advertising by the manufacturers of talcum powder, but these manufacturers have long understood that there is a link between talc and ovarian cancer. Our firm has filed numerous cases against the manufacturers of talcum powder for concealing this information and failing to warn consumers.
Many people use herbicides at home or at work to control weeds. One extremely popular weed killer on the market is Roundup, which contains a chemical called glyphosate. Glyphosate has been declared a probable carcinogen, and studies have linked it to non-Hodgkin lymphoma and several subsets of non-Hodgkin lymphoma, including lymphocytic lymphoma, chronic lymphocytic leukemia, B-cell lymphoma, and hairy cell leukemia. Parker Waichman is suing the manufacturer of Roundup for faulty testing on the product and for concealing information about its cancer-causing potential from the public.
Building Material Litigation
When you buy building materials for your home or a commercial project, you expect them to perform to the standards stated by the manufacturer and seller. Under New York law, manufacturers cannot make warranties on their products without backing them up and cannot send consumers away with dangerous materials. Our firm protects consumers by preserving their legal rights and obtaining appropriate compensation from the manufacturers when they buy defective products.
For instance, right now, Parker Waichman is investigating product liability cases involving building materials including CertainTeed vinyl home siding. People who bought and installed this siding have found that it degrades, warps, melts, blisters, and ripples when exposed to basic outdoor elements, like heat and UV rays. The corporation then refuses to repair it or refund consumers for their defective siding, despite lifetime warranties.
Equipment and Tools Litigation
Some kinds of equipment and tools come with a certain amount of risk, like saws and nail guns, but manufacturers have to eliminate unnecessary and unreasonable dangers from these products to keep consumers safe. When equipment fails, people can suffer severe injuries including:
- Broken bones
- Head trauma
- Internal injury
- Electric shock
Our law firm carefully investigates these cases to make sure our clients and their families receive a just result and to change the way the tool or piece of equipment is designed, manufactured, packaged or sold. Contact Parker Waichman to find out more about these types of product liability claims.
At Parker Waichman, we are highly experienced in New York product liability law, and we are prepared to investigate your potential claim today, whether you have been injured by one of the products we have listed or by a different product. We want to help you and your family obtain the compensation you need to move forward.
New York Product Liability Laws
In a New York product liability action, we allege that a manufacturer did not provide adequate warnings about its product, defectively designed the product or defectively manufactured the product. In all of these cases, we have to tie the allegation back to the client’s losses or injuries.
In a design defect claim, a product liability lawyer in New York will have to prove that the product in question was unreasonably dangerous because of a flaw in its design. We will usually present evidence of an alternative design to show the court that a safer design was possible. We then prove that the design defect caused the injury experienced by our client.
In a manufacturing defect case, we have to prove that an error occurred during the manufacturing process and the product did not perform as intended. We do not have to examine the entire manufacturing process of the product but only the product’s state when it left the manufacturer’s hands. We also must prove that the manufacturing defect caused our client’s injury.
In a failure to warn case, we need to prove that the manufacturer did not provide adequate warnings about the risks associated with its product. Patients and consumers are at a disadvantage because they can only access limited information about the products they buy and use. Manufacturers are required to provide the information necessary for people to make informed decisions about their medical treatment and consumer purchasing. When they do not provide all of the required information, we will sue them alleging failure to warn and prove that this failure caused our client’s injuries.
In addition to these claims, we can also bring actions against manufacturers for breaching warranties they have made about the product, express or implied, and sue them under state and federal consumer protection laws. But no matter what type of allegations we include, we must be sure to file the case within the time limits imposed by New York’s statutes of limitations.
Statutes of Limitations for New York Product Cases
Statutes of limitations are time limits set by state law for filing lawsuits. If you fail to file your case in court within the time limit set by New York law, you will be forever barred from filing it, regardless of how strong of a case it might be.
While this might seem harsh, states implement these time limits to preserve evidence to be used during the case. If people delay in filing their cases, potential witnesses will not have fresh recollections of what happened, and documents or records you need might be lost or destroyed. But if people have to file their lawsuits expediently, their trials will contain stronger, more reliable evidence.
Each state in the United States sets its own statutes of limitations, and they vary based on the type of claim. New York’s statute of limitations on product liability actions is generally three years. However, it can sometimes be difficult to determine when the clock started running on your claim, which is why it is so important to work with an experienced attorney.
When you hire Parker Waichman for your product liability case, we will immediately begin working to calculate the correct statute of limitations for your case. A mistake in this calculation can be extremely costly, so we take this step very seriously. Our attorneys know New York law and will make sure we have time to build you a strong case before we file it in the right court. Contact us today to further discuss your case and your potential statute of limitations.
How Can a Personal Injury Lawyer Help Me?
We understand that in product liability cases, you are dealing with several types of losses and injuries. Our lawyers will tenaciously advocate for compensation for all of the ways you have been harmed by a defective product, which can include:
- Medical costs for both past treatment and treatment you will need in the future
- Lost wages for time you have taken and will have to take off from work
- Costs associated with buying, servicing or repairing your defective product
- Compensation for your physical and mental pain and suffering
- Loss of consortium damages if your injuries have changed your relationship with your spouse
- Punitive damages, if the facts of the case warrant an award that carries a punishing effect
We are highly skilled lawyers who have significant experience litigating a wide range of New York product liability cases. We know that the circumstances of your case have significantly affected your life, and we want to help set you and your family back on track. Contact Parker Waichman today to discuss your potential lawsuit.
Why Choose Our Product Liability Attorneys in New York?
Each Parker Waichman product liability lawyer in New York has a wealth of experience with product liability claims and can help you stand up to manufacturers who have wronged you. We are one of the few firms to have achieved more than $2 billion in settlements and verdicts for our clients, and we will aggressively advocate for the compensation you need. Our dedication to superior client service shows in the honors and accolades we have received through the years, including:
- A 9.8 (out of a perfect 10) rating from AVVO, which rates every attorney in the United States
- The highest possible peer-review rating from Martindale-Hubbell
- Inclusion in Best Lawyers, which is determined through extensive peer review.
When you hire our firm, your case is in the hands of seasoned litigators who understand New York product liability law and will fight for your rights.
Get Help From a Skilled New York Product Liability Lawyer Today
The attorneys at Parker Waichman are prepared to dedicate their talents to your case, giving you and your loved ones the compassionate legal guidance you need during this trying time. We offer free, confidential consultations on all of our product liability cases, and we contract these cases on a contingency-fee basis. This means that our recovery is dependent on yours: If you don’t get paid, neither do our New York product liability attorneys.
Because of the statute of limitations, the sooner you take action, the better. If you have been injured by or suffered a loss because of a defective product, do not delay in seeking counsel. Contact a product liability lawyer in NYC today to start the process of reviewing your legal options.
Frequently Asked Questions About New York Product Liability Claims
What Is a Product Liability Lawyer?
A product liability lawyer is an attorney who specializes in holding retailers, manufacturers, and wholesalers accountable for harm caused by unsafe or defective products. Product liability can include drugs, food or nearly any type of product that a consumer may acquire in a store.
What Is an Example of Product Liability?
The possible examples of product liability are too numerous to count. Should a person be injured because a lawnmower did not have a safety guard around the blade, for instance, this could be the basis of a product liability case. If a medical device fails too quickly after it’s implanted, this could also be an example of product liability. Likewise, if someone experiences a serious, life-altering side effect from taking a medication and no warning appeared on its labeling, they would have grounds for a product liability claim.
What Types of Cases Does a New York City Product Liability Attorney Handle?
Common types of product liability cases that we handle include:
- Manufacturing defects
- Design defects
- Marketing defects
- Breach of warranty
How Long Does it Take to Settle a Product Liability Lawsuit?
There’s no way to know exactly how long a product liability case may take to settle, as each lawsuit has its own unique factors that need to be taken into account. Some claims may be settled in a few months, while others will go to trial and take a few years to reach a resolution.
How Do You Prove Product Liability?
In order to win a product liability case, you must show that you were indeed injured or suffered some form of loss. Your product liability lawyer must also prove that the product you were using was defective. And you have to show that your injury was a direct result of the product being defective.
What Is the Doctrine of Strict Product Liability?
The doctrine of strict liability states that even if a manufacturer of a product took basic and reasonable steps to ensure their product was free of defects, if a consumer is harmed by the product, that consumer is still entitled to financial compensation for their pain and suffering.
How Do I Sue a Company for a Defective Product in New York?
In order to sue a company for a defective product, you must prove that the product was defective and that you were harmed as a result of using it. An experienced product liability lawyer in NYC will be able to help you through the process of filing your lawsuit and compile a strong case on your behalf.
What Is Covered Under NYS Lemon Law?
New York’s Lemon Law requires sellers of new and used cars to provide a warranty that includes free repairs of defects in covered parts. If the defect cannot be fixed after a reasonable amount of attempts, the buyer is entitled to a refund or a replacement vehicle.
How Long Is the Lemon Law in NY Good For?
Vehicles are covered under the Lemon Law for the first 18,000 miles or two years from delivery, whichever is earlier.
How Long Do You Have for a Lemon Law Lawsuit?
If you need to sue a vehicle manufacturer under the Lemon Law, you have four years to do so in New York. This statute of limitations begins on the date of delivery.
Can a Used Car Qualify for Lemon Law Protection?
A used car is covered by the Lemon Law if it is purchased within two years of its original sale or the first 18,000 miles, whichever is earlier.
What Defenses Exist in Product Liability Cases?
A manufacturer may claim that a product defect was not the cause of injury, the plaintiff was negligent, the plaintiff assumed the risk of the product, the statute of limitations has expired or the consumer somehow breached the warranty. Our experienced lawyers have seen all of these arguments before, and we can make sure that your case stands up to these claims.
Is the Current Product Liability Legal System Broken?
Some cynics and corporate attorneys like to raise the question, “Is the current product liability legal system broken?” But the truth is that product liability claims are among the strongest tools a consumer has to hold the manufacturer of a defective product accountable for the damage that they have caused. Not only can you get the compensation you deserve with the help of our product liability attorneys, but by taking legal action, you also help to protect others from being harmed in the future.
Contact a Product Liability Attorney in New York for Your Free Case Review Today
Parker Waichman provides superior client representation that’s focused on results. If you have been harmed by a defective product, contact us today for a free consultation by filling out our online form or calling 1-800-YOUR-LAWYER (1-800-968-7529).
New York | Brooklyn | Queens | Long Island | New Jersey | Florida
Call us at: 1-800-YOURLAWYER (800-968-7529) | Schedule your free consultation
Have you been injured by or suffered a loss due to a defective product?Click To Get A Free Case Review