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Defective Product Liability

What is a Defective Product?

Every time you strap your child into her car seat or take a prescribed medication, you should have peace of mind knowing that the product is safe and will perform its intended purpose. Unfortunately, this is not always the case.  Each year, thousands of people in the United States are injured from dangerous or defective products.  If you or your property has been harmed as a result of a poorly designed or manufactured product, you may be eligible to receive compensation.

Many people fail to realize that there are federal and local laws which protect consumers against dangerous products and hold manufacturers liable for injuries caused by such goods. These regulations are generally known as product liability law. If you have been injured by a defective product, it is essential you contact a knowledgeable lawyer who can help you determine your rights and represent you against large manufacturing companies. Contact our skilled defective product attorneys if you or a loved one has been injured by:

  • Defective automobile products including airbags, seatbelts, tires, child car seats
  • Pharmaceutical products
  • Medical Devices
  • Children's toys
  • Household appliances
  • Sporting goods including firearms, exercise equipment, helmets

I was injured when using a hair dryer. If I decide to seek compensation for my injury, who can be held liable for my injury?

In most cases, the manufacturing company is held liable for injuries caused by defective products. However, depending on the nature of the case, other parties may be held fully or partially liable. For example, if your product was repaired by an individual independent of the manufacturer, the repair technician may be held responsible. In other cases, the retailer of the product may be liable. To determine who is liable, you should contact an attorney who specializes in product liability matters.

Can You Sue for a Defective Car or a Car Recall?

Defective cars and car recalls are major problems that can lead to serious injury and death. The laws that regulate motor vehicles can be quite complex. Lemon Laws and car recall systems are designed to be fairly easy to navigate for consumers, however, other laws are complex and require the expertise of a products liability lawyer.

If you have been injured by a vehicle or equipment defect, suspect your car or its components are defective, or are having issues with a recall, you should contact a motor vehicle defects attorney. The same applies to motorcycles, as attorneys who specialize in this area of law will be able to give you advice and provide guidance as to your best course of action.

What is the most common defense used by manufacturers to avoid liability in defective product cases?

These injuries may be the result of a design defect, manufacturing error or inadequate labeling which does not include sufficient safety instructions or warnings. Product liability law places the burden of proof on the injured party, meaning that he or she must present evidence showing a direct link between physical injuries and product defect. This causal relationship may be difficult to prove without an experienced advocate on your side. In many cases, manufacturers will argue that the user misused the product and, as a result of this incorrect use, injury ensued. This defense may be valid in many cases, however, it is the manufacturer's duty to provide notification of intended use and warn of dangers of misuse. If these warnings were not expressed on the product prior to use, the defense may not hold as much weight in court.

I received notification from a law firm that I may be part of a class eligible to receive compensation for injury from a defective product, should I join the class action suit?

Unfortunately, defective products cases are not uncommon, and the aftermath for consumers who were harmed by a defective product can be severe. Defective products lawyers assist their clients in seeking compensation for any and all harm that resulted from the use of defective products. In many cases, lawsuits are large and include many injured parties, known as a class action lawsuit. When a product causes widespread injury to its users, class action suits is often initiated by a group of plaintiffs. When contemplating whether or not to join this class of harmed users, be sure to consult a personal injury attorney because doing so may compromise some of your rights.   Our law firm can help evaluate your case and advise on the best course of action.

How Can You Sue for a Defective Product?

Defective products cause thousands of injuries annually, and sometimes, even death. The main types of defective products include: design defects, manufacturer defects, and defects in warnings or instructions. If a product is defective faulty for any of these reasons, consumers may have legal recourse.

The main legal theories involved in defective products cases are negligence and strict liability. In negligence cases, the plaintiff must be able to prove that the manufacturer breached a duty to the plaintiff, and as a result, the plaintiff suffered actual damages. In strict liability cases,, the plaintiff does not need to prove negligence.

Rather, manufacturers are “strictly” liable for any defects in products that result during the manufacturing process, and when someone is injured as a result of the faulty manufacturing process, the manufacturer may be liable.

Attorneys who specialize in defective products cases assist their clients in pursuing compensation in the form of damages. If you have been injured as a result of a defective product, contact an attorney for a consultation.

Where Can You Find a Lawyer to Represent You Over a Defective Product?

Our law firm works closely with you every step of the way to explain your options and advice on the best course of action to receive the compensation you deserve. We also work closely with experienced engineers and design experts who can provide invaluable insight and testimonials in a court of law. When necessary, these resources afford us the ability to create a replica of the defective product to further strengthen your case. There are many ways to recover from injuries suffered by a defective product, from a car to contaminated food. Our market is flooded with products from many different companies and manufacturers, and it's important that we hold them accountable if their product injures or hurts someone despite normal and careful use. If you have been injured and know that it is from a defective product, then it is in your best interest to seek help from a defective product lawyer who can let you know your rights and what challenges may lie ahead. You paid for the product, you should not be forced to pay for the harm it caused you or a loved one. If you've been injured as the result of a defective or dangerous product, call our office today at 212-994-7777 or complete the convenient online contact form to set up a consultation.