Product Liability Attorneys in New York City
Defective Products Overview
If you have suffered an injury due to use of a defective product, you are not alone. In 2004 alone, approximately 7 percent of all personal injury cases involved product liability. Manufacturers, distributers, and retailers are obligated by law to sufficiently warn consumers of potential hazards associated with the proper use of their products. When they fail to uphold this obligation and a consumer is injured, the victim may file suit to obtain damages. At Proner & Proner, we handle numerous cases of injury by defective products. Our product liability attorneys in Manhattan serve clients throughout New York. When you enlist the services of our team, you can expect to receive the superior legal representation you deserve. We will provide aggressive legal counsel on your behalf and work to ensure that the appropriate parties are held accountable for your injuries.
What Is Product Liability?
Product liability law determines which party or parties are responsible for injuries caused by defects in a product’s design or manufacture. When a product possesses a potentially hazardous flaw that leads to consumer injury, the product’s designer, manufacturer, distributer, and retailer can be held liable for the injury. There is no federal product liability law, and claims are generally based on state laws pertaining to liability and breach of warranty. Responsible parties can be charged with negligence, failure to warn of the potential for harm, sale of a product with a manufacturing defect or design defect, and a number of other charges.
If you have been injured by a defective product, contact our experienced product liability attorneys in New York today to schedule a free case evaluation.
Defective Products – Types of Cases
Some of the most commonly filed defective product claims involve:
- Workplace Injuries – Injuries caused by defective products in the workplace are the basis of many product liability claims. These injuries often result from construction accidents, faulty equipment or machinery, and failure to warn of potential hazards posed by heavy equipment.
- Medical Malpractice Injuries – Medical malpractice and product liability coincide when a health care provider’s use of a defective product causes injury to a patient. Examples include a doctor’s prescription of defective or dangerous drugs and use of defective machinery or medical equipment, resulting in a surgical mistake.
- Motor Vehicle Accidents – Motor vehicle accidents, including auto, truck, and motorcycle accidents, can occur because of defective auto parts – for example, a flaw in an automobile’s engine that causes it to malfunction on the road, resulting in an accident. Authorities may recall defective automobiles in order to prevent accidents.
- Dangerous Drugs – Injuries caused by dangerous drugs and other consumer products are among the most common sources of product liability claims. In recent years, experts have identified numerous potentially unsafe medications (e.g., Accutane® and Fen-Phen) and products (e.g., certain toys and food items).
- Defective Children’s Products and Other Consumer Products
- Proving Fault in a Product Liability Case
In product liability cases, the legal theory of strict liability applies. Under this theory, the injured must prove that the product was “unreasonably dangerous,” that it caused injury while being used in its intended manner, and that it had not been changed significantly from its condition at the time of sale. Strict liability operates only against manufacturers and sellers who regularly sold the defective products to consumers; second-hand re-sellers may be exempt.
Compensation for Injuries Caused by Defective Products
Compensation for an injury caused by a defective product depends on several factors, including the cause of the injury and the victim’s role in the accident (e.g., whether he or she was using the product in a manner consistent with its labeling). Expenses for which victims may obtain financial compensation include:
- Medical expenses
- Lost income
- Decreased earning potential
- Costs of running a household during recovery
- Loss of enjoyment of life
Contact Our Product Liability Attorneys
If you have sustained a product-related injury, you may be able to obtain compensation. Contact Proner & Proner today to learn more about the laws pertaining to defective products. Our product liability attorneys in New York City will work diligently to protect your rights.