When you buy and use any product, you expect it to be safe. You assume you can use it as intended. However, every day, families in New York learn that just because a product is for sale, that does not make it safe.
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Personal Injury Law
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.
To speak with us about your right to file a product liability lawsuit, contact us online or call 212-490-5700.
Don’t Throw the Defective Item Away
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.
What is Product Liability?
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.
Product Liability Claims We Handle
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.
Product Liability Compensation
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.
Frequently Asked Questions
1. How Much Is My Product Liability Claim Worth?
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 212-490-5700. We offer free, no-risk case evaluations, and you won’t owe us anything unless you recover compensation.
CLIENT REVIEWS
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT