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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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.
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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212-490-5700If 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:
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.
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:
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.
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.
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.
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.
Building a strong product liability case often requires evidence to support each element. This might include:
Remember, this is a simplified overview. Product liability law can be complex. Discuss your case with your attorney to strategize about proving your claim.
Frequently Asked Questions
JUMP TO SECTIONAt HKD, we are proud to have helped many clients receive significant and life-changing personal injury settlements and court rulings.
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.
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.
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.