Don’t Throw the Defective Item Away
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 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, P.C.
Th New York City Product 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.
Contact us online or call 212-490-5700 to schedule a free, no-risk consultation. There are no up-front costs, and you owe nothing unless we win. Our law firm is located in Midtown Manhattan and serves clients in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and all across New York City.
