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Hurt by an Unsafe Product? We Can Help
You are surrounded by products every day, from the appliances and tools in your home to the food you order at a restaurant and the medication you pick up at the pharmacy. If you or a loved one were injured because of a defective and dangerous product, you should contact a New York product liability attorney right away.
The New York personal injury attorneys at Hecht, Kleeger & Damashek, P.C. help families hold businesses responsible for defective products by pursuing compensation through litigation and settlement negotiations. We have decades of experience in this field and have secured millions of dollars for injury victims in similar circumstances.
At Hecht, Kleeger & Damashek, P.C., we regularly advise people who believe that they have been injured by defective products to keep the item in question whenever possible. You could be discarding vital evidence. Instead, try to preserve the product, seek medical care, and contact us to review what happened and what to do next.
New York City Product Liability Law
Every state has laws regarding product liability. These are laws regarding how safe products should be and the consequences if products are hazardous to users. Through these laws, various businesses may be held liable when a faulty product causes a consumer harm.
Depending on the facts, the party responsible for the design, manufacture, or sale of the product may be responsible for compensating you for your injuries. These cases can be complicated, and they often depend on whether you can establish that the dangerous product had a design, manufacturing, or warning defect.
To learn more about New York’s product liability law and your options after being injured by a product, call a product liability lawyer at Hecht, Kleeger & Damashek, P.C.
Certain products are prone to defects or their defects are likely to cause harm. At Hecht, Kleeger & Damashek, P.C., we have represented individuals, families, and estates who suffered injuries and losses due to defective household items, personal care items, tools, equipment and machinery, vehicles, children’s toys and baby products, food and beverages, medical devices, and pharmaceutical drugs. No matter what type of product is involved, we are here to help.
Our lawyers also are highly experienced in product liability claims involving:
Call us immediately if you or a loved one were harmed because of these dangerous products.
Types of Defective Products in NY
Different types of products can be defective in myriad ways. For example, medical products may not be sterile, food products may be contaminated with a harmful virus or bacteria, or a vehicle part may be made from a weak metal.
For all of the possibilities, defects tend to fall into one of three categories:
Design Defects: A design defect means the weakness in the product is present through every unit manufactured. The fault is an inherent aspect of the intended specifications of the product. If you alleged that a product that caused you harm had a design defect, you may be required to prove the product was not as safe as it could have been while still being used for the intended purpose.
Manufacturing Defects: With a manufacturing defect, the faulty product does not adhere to the intended design. This departure from the design makes the product potentially hazard to the user. Manufacturing designs arise at some point in the creation of the product, and it can impact a few or many units.
Warning/Marketing Defects: Even products designed as safely as possible still present risks to the users. Because of these inherent risks, makers must provide appropriate instructions and warnings to ensure users understand how to use the product safely. A product that does not have relevant instructions and warnings, and which causes harm, is considered defective. This is also known as a failure to warn defect or negligent marketing.
When you are injured or lose a loved one in an incident with a product, you may not realize you have a product liability claim. Instead, all you know is something caused you or a relative harm. Your lack of familiarity with the law and your lack of information regarding the product are two reasons why you should contact a defective product attorney.
An experienced New York product liability attorney at Hecht, Kleeger & Damashek, P.C. is here to thoroughly investigate the incident and pursue a lawsuit against the liable party.
Parties That May be Liable for a Defective Product
Many businesses are involved in developing, testing, manufacturing, marketing, and selling a product. Because a defect can rise in various stages of that process, different businesses could be liable for the harm a defective product caused you.
Possible liable parties include:
The product designer
The product or part manufacturer
The product assembler
The packing and labeling company
The user manual creator
The Wholesaler
The retailer
Contact us right away to discuss who may be responsible for a defective product and your injuries.
Theories of Liability
It is not enough to claim that a product caused you harm and to accuse a certain business of being responsible. You must provide evidence that a party is liable for your injuries based on a theory of liability.
In product liability claims, there are different ways to argue that the other party is responsible. The theory of liability that is appropriate for your case depends on the specific circumstances.
You should speak with a New York product liability attorney about filing suit based on one or more of these theories:
Negligence-Based Product Liability: Under a negligence-based theory, you must prove that the other party failed to exercise reasonable care in making the product for intended and foreseeable use. You may argue the business had a responsibility to maintain a certain standard. You may seek to show that its actions failed to maintain that standard. This negligence led to the defective product. Then, you must show the defective product resulted in your injuries or the loss of a relative.
Strict Product Liability: Unlike a negligence-based claim, a strict liability theory does not require you to prove that the other party did something wrong. You do not need to prove fault. Instead, you must show the other party was responsible for the product and that the defective product directly and proximately caused you harm.
Breach of Warranty: Products that are sold to other businesses and consumers must meet specific standards, known as implied warranties, and any explicit warranties the sellers make. Implies warranties arise under New York and federal law. One is the implied warranty of merchantability, which requires that the product is effective regarding its intended purpose. Express warranties are those made verbally or in writing by a business. If the other party violates one of these warranties, and the result is a defective product that causes you harm, you can sue based on a breach of warranty.
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If you choose to move forward with a product liability claim, it is critical to work with a New York product liability attorney to pursue the maximum compensation possible for your assorted damages. These claims can be complex and contentious. Businesses rarely want to admit that their products are not as safe as they should be. To that end, their insurers and teams of lawyers may vigorously defend against a product liability claim.
Despite the defenses you will encounter, our product liability team is not intimidated. We understand how devastating this situation can be and how important it is for you to have a legal representative who will fight for you.
Through a product liability lawsuit, and during settlement negotiations, we will take an aggressive stance regarding compensation for your:
Medical Bills
Lost Wages
Pain and Suffering
Emotional Distress
Disfigurement
Disability
Reduced Earning Potential
Reduced Quality of Life
New York’s Product Liability Statute of Limitations
New York’s statute of limitations for actions related to personal injuries, including claims regarding defective products is usually three years. Essentially, you have three years from the date you suffered harm to file a lawsuit. There are certain exceptions to this rule, which may shorten or extend your ability to file but if you wait too long, your case will be likely dismissed, and the court will not allow you to pursue compensation.
How do You Prove Defective Product Liability Claims?
To win a product liability claim, you’ll need to prove certain elements. Your case will rely on evidence, and you’ll need to show that:
The Product Caused Your Injury
There must be a clear link between the defective product and your specific injury. Simply being injured while using the product isn’t enough. You’ll need evidence to show the defect directly caused your harm.
The Product Was Defective
This element involves proving the product wasn’t reasonably safe for its intended use or had a manufacturing error. You’ll need to show it was defective in one of the three ways described above.
The Defect Caused Your Injury
You’ll need to show the defect, not some other factor, was the proximate cause of your injuries. This means the defect was the primary reason you were hurt.
You Used the Product as Intended
Generally, misuse of a product can weaken your claim. You’ll need to show you were using the product in a way that the manufacturer could reasonably anticipate.
Evidence is Key
Building a strong product liability case often requires evidence to support each element. This might include:
Medical records documenting your injury and how it relates to the product’s defect.
Expert witness testimony from a product safety engineer or other qualified professional who can explain the defect and how it caused your harm.
The defective product itself, if possible.
Photos of the scene of the accident or the damage caused by the product.
Witness statements from anyone who saw you using the product safely before you were injured.
Remember, this is a simplified overview. Product liability law can be complex. Discuss your case with your attorney to strategize about proving your claim.
Product liability settlements typically cover economic damages, such as medical bills and lost wages, as well as noneconomic damages, like pain and suffering. We will help you evaluate the value of your claim by gathering all of your bills, making an estimate of future expenses, and determining how much the company responsible should pay you for your anguish.
2. Who Pays for a Products Liability Claim?
The company responsible for the dangerous product is usually considered to be “legally liable” or the one who should pay for damages. This may include a manufacturer, designer, or seller of a defective product. Additionally, in most cases, they have an insurance company that will pay out any settlement or verdict for them.
3. What If I am Partially to Blame?
If you think you did something wrong that caused a product to malfunction and caused your injuries, you should first consult with an attorney. Even if you are partially to blame, you can still recover compensation under New York’s comparative negligence law.
Contact a New York Product Liability Attorney Today
Hecht, Kleeger & Damashek, P.C. is proud to help individuals and families affected by dangerous products. Through our decades of combined knowledge and experience, we are equipped to handle all types of product liability claims, including those against national and international manufacturers and other businesses. Do not hesitate to contact us if you were injured or your spouse, parent, or child lost their lives because of a defective product. We are here to investigate the product, identify the defect and liable party, and aggressively pursue full and fair compensation.
To learn more about how we can help, contact us online or call 212-271-4156. We offer free, no-risk case evaluations, and you won’t owe us anything unless you recover compensation.
