Product liability exists where any kind of product causes harm or death to a consumer. This can relate to any number of products, for example, car parts, pharmaceuticals, dangerous drugs, household appliances, toys, tools, paint or even food. There are thousands of recalled products every year. Product defects can be divided into three basic categories: design defects, manufacturing errors and negligent marketing. The latter includes failure to warn of potential hazards, unclear warning labels or insufficient instruction manuals.
Manufacturers of products hold a responsibility to ensure that their products are safe for use, and to clearly warn against any hazard or risk. The design of a product could make it dangerous for consumers to use. Defective products make it onto the market every year, and an unsuspecting consumer may purchase and use a product that is dangerous, due to its faulty design.
Examples of design defects could be vehicles that are prone to rollovers, defective automobile tires that cause accidents, baby furniture that could trap, injure or cause the death of a child, power tools that cause traumatic injuries because of lack of safety features, and countless other items. The Consumer Product Safety Commission (CPSC) is the U.S. agency that enforces safety regulations and fines manufacturers that fail to report a design defect, and may force a recall when the manufacturer fails to do so voluntarily.
Were you injured by a product with a design defect? Hecht, Kleeger & Damashek in New York City is prepared to evaluate your product injury claim at no cost to you. Our cases are taken on a contingency fee basis. We only get legal fees when we are successful in recovering damages for our clients. If you or a loved one was seriously injured due to a product design defect, contact a New York City product liability lawyer.
Manufacturers are required to test products to ensure they are safe to use and that those products released onto the market will function as designed. Consumers must be warned of any potential danger or hazard, and clear directions for correct use must be included for many products. Essentially, there must be no serious threat of injury, illness or death in the use of the product when used as directed. A manufacturer who has failed to warn consumers of risks or released a product that led to injury, illness or death must be held accountable.
A list of violations of federal safety standards can be found at the CPSC site. Products such as clothing that does not meet federal safety standards due to the presence of lead could put children at risk is a common violation. It can be difficult for a consumer to know that they have a dangerous product in the home or in use until it is too late.
Products sold in United States are produced in factories all over the world, and safety standards may have been disregarded. Children’s toys that contain lead are a serious issue, and one of the more common violations reported on the CSPC site. Some recent product recalls include cribs that have lead paint, reclining furniture that could burn when a switch fails, bicycles with a crash hazard, crib mattresses that could entrap a baby, clothing that doesn’t meet the federal flammability standard, and countless other products.
Oftentimes, when a dangerous product is detected, it is recalled and the situation is broadly advertised to protect consumers from potential harm as best as possible. The circumstances that can be more dangerous are those in which only individual products are defective, rather than the entire output of a product. In these cases, a consumer is not aware of the danger until after an injury has occurred.
Vehicle recalls are overseen by the National Highway Traffic Safety Administration (NHTSA). Vehicles with faulty or defective components or systems can endanger drivers and passengers, leading to serious injury or death. Auto manufacturers and other parties may be held liable when a person is injured in an accident due to a faulty part or system. GM has been under scrutiny for installing faulty ignition switches in millions of vehicles, posing a risk to drivers and passengers. GM has approved more than 275 compensation claims related to faulty ignitions including 100 claims involving traffic accident deaths, according to the GM Ignition Compensation report. There are numerous claims pending against GM for injury or deaths due to the ignition switch failure.
Manufacturers that allow faulty or defective products onto the market that then injure or kill consumers should be held accountable. In some cases, it is discovered that the manufacturer was aware that the product was dangerous and failed to report the risks to the CPSC or the NHTSA. These activities make the case more serious, as the injuries or deaths could have been avoided had the manufacturer followed the law. You have the right to pursue monetary damages if you or a loved one has been injured or killed due to a defective product.
A Hecht, Kleeger & Damashek we are committed to helping those who have injured by a defective product pursue compensatory damages in product liability cases. We have over 75 years of combined legal experience, and our team of litigators is well versed in all aspects of product liability claims.
If you or a loved one has been injured by a dangerous product, it is important that you contact a product liability attorney from our firm right away. You may be able to receive compensation for your medical costs, lost income, and pain and suffering. At Hecht, Kleeger & Damashek, P.C., we have recovered more than $250 million for our clients while providing exceptional, personalized service. We are available to pursue product liability claims on an individual or class action basis and will always seek to obtain a top dollar settlement.
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