Suffolk County Defective & Dangerous Product Lawyers

Products Liability

Dangerous products find their way into the marketplace every year despite the efforts of government regulatory agencies and manufacturers to keep consumers safe. The Consumer Product Safety Commission recalls 200–300 products annually and removes millions of items from markets across the country. Consumer injury is common. When a defective or dangerous product injures people, they have the right to pursue fair and full compensation for their losses. Lawsuits that pursue such just compensation are called products-liability claims.

What Makes a Product Defective?

Defective products basically fall into the following categories:

• Defective design — A designer or engineer created a defective design. For example, a defective aircraft design made a plane unsafe during flight. The cause of an airplane crash traced back to defective aircraft design.
• Defective manufacture — The manufacturer used a defective manufacturing procedure. For example, manufacturers failed to ensure the strength of a material meets quality standards before use, and manufacturers selected material based on a lower material price. No quality-control inspection of material was conducted before manufacture. The production line made the roof of a vehicle from the defective material. The vehicle’s roof was unable to withstand reasonable impact and crushed during a rollover.
• Defective marketing — Products must contain adequate warning labels and instructions. An example of defective marketing is the lack of a warning label to inform consumers about the risks the product poses. Unknowing of the hazard, a consumer failed to store the product out of reach, and, as a result, a toddler was harmed.

Defective Product Examples

While defective products are too numerous to list, the following are examples:

• unsafe toys (e.g., lead paint exposure, sharp edges, choking hazards, fire or burn risks)
• laptop batteries with high danger of heating and causing fires
• electric blankets that overheat and burn consumers
• defective auto parts/automobiles (e.g., seatbelt and seat back failure, defective air bags, tire tread separation, gas tank explosions)
• birth control patches leading to blood clots, stroke and death
• defective medical devices, such as pacemakers, defibrillators and dialysis filters
• pharmaceutical drugs with no warning of dangerous side effects, such as liver and kidney damage and increased risk of heart attacks or stroke
• defective cribs resulting in infant crib death

Types of Liability Cases

Claims brought against parties for products liability usually are based on negligence, strict liability or breach of warranty.

Negligence

At Rosenberg & Gluck, our products-liability lawyers bring claims based on negligence when designers, manufacturers or distributors fail to exercise reasonable care. Typically, negligence cases substantiate that harm resulted from design errors, faulty manufacturing or failure to warn consumers about risks and dangers.

Strict Liability

Strict liability does not require proving negligence on the part of the designer, manufacturer or distributor. This type of case is based on proof that the product harmed a consumer and evidence that shows the product is reasonably dangerous.

Breach of Warranty

A warranty offers a direct or implied promise that a product contains no defects. When that promise or guarantee is broken, a breach of warranty exists. Claims of breach of warranty may be brought against the party or company that violated its guarantee.

Compensation for Injury

If you have suffered an injury caused by a dangerous or defective product, you could have a claim for damages against any party in the chain of distribution, from the designer or the manufacturer to the retailer. At Rosenberg & Gluck, we have extensive experience representing products-liability claimants, which include pharmaceutical-injury claims, such as claims for injury caused by prescription and over-the-counter drugs. If you have used prescription or over-the-counter pharmaceuticals and have suffered a stroke, heart attack or other medical injury, we can help you get financial compensation for the harm you suffered.

In products liability claims, you are entitled to receive compensation for medical expenses, lost income, and pain and suffering.

Our Suffolk County products-liability attorneys handle all personal injury claims on a contingency fee basis. If we are unable to recover compensation for your losses, we will not charge you a fee.*

Schedule a free initial consultation. Call (631) 451-7900 today. Evening and weekend hours are available upon request. If you are unable to travel because of your injury, we will come to you.

Free Consultation

No Recovery, No Fee*
*expenses payable by client at conclusion of the matter

Located in Suffolk County, our personal injury lawyers can meet with you at a convenient location to discuss your personal injury claim and help you decide the best way to proceed. Initial consultations are always free, so please Contact Us Today.