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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, Personal Injury Lawyers, 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, like this $25,000,000 settlement for clients hurt by hazardous chemical exposure.

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Don’t Throw the Defective Item Away

At Hecht, Kleeger & Damashek, Personal Injury Lawyers, 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, Personal Injury Lawyers, P.C.

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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 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.

At HKD, we are proud to have helped many clients receive significant and life-changing personal injury settlements and court rulings.

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, Personal Injury Lawyers, 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.

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