Each year in New York, all too many accidents are caused by defective products. Innocent people going about their day-to-day lives are often seriously injured or even killed using a product that should have been safe. Sadly, it can sometimes be difficult to prove that a fault with the product was responsible for the incident. Meanwhile, the victim is faced with a long recovery process and costly medical bills.
In many areas of law, fault is often dependent on a proof that the conduct of an individual or organization is responsible for an injury. However, in product liability cases things can be a bit different. This is because of the strict liability policy, which holds the parties responsible for a given injury caused by their product, even if their conduct is not shown to be the cause of the incident.
Strict liability not only works to protect consumers but also to act as a form of encouragement to manufacturers by convincing them to make their products safer. There is a long way to go, but this is an important step toward a safer and more conscientious world for the next generation.
If you feel that your rights as an consumer have been breached, then you may benefit from the advice of our attorneys. We can weigh up your options and may be able to suggest the best course of action to take in order to acquire the remuneration you deserve, and rebuild your future.
What Must Be Proven in a Product Liability Claim?
We all use any number of different products that are critical to the smooth operation of our daily business. Household appliances, vehicles, children's accessories, beauty products and even medicines all play an important part. But what happens when one of these products malfunctions or presents a danger to the person using it?
It is no secret that a defective product can be extremely hazardous or even fatal. A broken toy could choke a child, while a faulty vehicle could cause a devastating accident. Where medicines are concerned, they can cause extreme illness, permanent damage or even death. Whatever the product, the consumer relies on it being safe and on the manufacturer having verified that safety.
Sadly, all too often faulty products slip past the required checks and are released onto the market. If you are harmed by such a product, your first thought might be to take legal action against those responsible. This is a perfectly reasonable thing to do and may enable you to claim some compensation for the harm done to you. In theory, all you need to do is show that you were harmed as a result of false representation or a defect of the product.
However, the manufacturer may attempt to deny the existence of any faults or even to suggest that the harm caused was the result of a mistake on your part. As such, you may benefit from the advice of our attorneys. We can evaluate the details of your claim and may be able to help you get your side of the story across and see that the irresponsible manufacturers are held accountable for their negligence.
Who is Responsible in a Product Liability Suit?
So, what can you do if you are injured by such a product? One option may be to file a product liability lawsuit. However, if you choose to do this, how do you know who is liable? Multiple parties are usually responsible for the production and sale of a product and any and all of them might be implicated in your lawsuit. These may include the following:
- The retailer from which the product was purchased
- The product's wholesaler
- The manufacturer of the product
- The manufacturer of any component parts of the product
- Any party involved in the installation or assembly of the product
However, there are exceptions. For example, for the suit to be valid, the product has to have been in the marketplace and sold from there at some point. However, in most states, the person injured need not be the one who purchased the product to be eligible for recovering damages.
Of course, such matters are rarely so simple and the advice of an attorney with our law firm could be useful if you plan to pursue a product liability suit. We can help you understand your rights and support you as you seek fair remuneration for your injuries.
Product Liability Claims We Handle
Automobile Recalls - If you were injured in a car accident caused by a defective or recalled auto part or system component in New York, talk to an attorney at Rosenbaum & Rosenbaum, P.C., about seeking compensation.
Defective Medical Devices - We have earned a widespread reputation for standing up against many of the largest medical and pharmaceutical product manufacturers and distributors in the world - and winning on behalf of our clients.
Defective Drugs - If you or a loved one has suffered medical harm because of a recalled drug or dangerous side effect from a prescription or over-the-counter medication, we can help.
Gas Explosions - If you were burned or injured while using a furnace device, or other gas, propane or electric heating device in the New York City metro area, talk to a member of our team.
Defective Toys - If your child was injured while playing with, using, or wearing a children's product in the NYC metro area, contact our lawyers today. We are recognized as one of the city's leading litigation firms.
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Our lawyers may determine that you do not have a clear case of products liability; however, we may be able to help you find other sources of compensation such as through your homeowners insurance or auto insurance.
It is important to act quickly after any accidental injury for the following reasons:
- Gathering evidence takes times and is best done immediately after an accidental injury, while the products involved are in the same condition they were in at the time of the accident.
- Eyewitness testimony is most reliable as soon as possible after an event.
- Statutes of limitations put a time limit on the development of a claim or lawsuit.
Our product liability lawyers thrive on the pursuit of justice for the injured and the wronged. Clients of Rosenbaum & Rosenbaum, P.C., serve as equal decision-makers with our attorneys - they ultimately decide whether to accept a settlement offer or take a case to trial. In this and many other ways, our clients and our lawyers work together to bring about the best attainable outcome, given the circumstances of a products liability case.
Please feel free to contact us to schedule a free initial consultation.