Dangerous and defective products harm many people each year.
Have you ever saved up to buy a product for yourself or a loved one and then heard that it was recalled by the manufacturer? Maybe you were not so lucky, and you bought the item before the recall, only to have it malfunction and cause serious harm.
For a free legal consultation with a dangerous and defective products lawyer serving Long Island, call 516-451-7900
In this Article:
- US Consumer Product Safety Commission Recalls
- Potential Compensation for Product Liability Claims
- Types of Defective Product Liability Claims
- Defective Product Examples
- Types of Liability Cases
- Product Liability Cases in the News
- You Only Have So Long To File a Lawsuit Against a Manufacturer
- Defective Products Causing Wrongful Death
- Seek Medical Attention After Suffering Injuries
- Consult with Our Dangerous and Defective Products Team on Long Island Now
Long Island Dangerous and Defective Products Lawyer Near Me 516-451-7900
US Consumer Product Safety Commission Recalls
Dangerous products find their way into the marketplace every year, despite the efforts of government regulatory agencies and manufacturers to keep consumers safe. The United States Consumer Product Safety Commission recalls 200 to 300 products annually and removes millions of items from markets across the country.
These products can range from children’s clothing that present a burn hazard, to motor vehicles with faulty parts that present a crash hazard, to everyday household items like toasters and coffee makers that can cause fires. More alarmingly, safety devices can also be recalled, like a smoke and carbon monoxide detector that fails to alert consumers to a hazardous level of carbon monoxide.
Design Defect or Faulty Manufacturing Process
Dangerous products are not always the result of negligence on the part of the manufacturer or a problem with the manufacturing process. Sometimes, a dangerous product is the result of a design flaw that was not foreseeable. Other times, a manufacturer may be aware of a dangerous condition but fail to warn consumers or take steps to correct a manufacturing defect.
The unfortunate reality is that consumer injury is common, and when a defective or dangerous product injures people who have placed their trust in both the product and the manufacturer, they have the right to pursue fair and full compensation for their losses in a product liability lawsuit.
New York personal injury lawsuits that pursue such compensation are called “product liability claims” and are a type of lawsuit that our dangerous and defective products lawyers on Long Island are adept at handling. If you have been injured by a defective product and think you may have a product liability claim, contact our law firm to discuss your legal options.
Click to contact our Long Island Personal Injury Lawyers today
Potential Compensation for Product Liability Claims
You could receive a variety of awards through a product liability lawsuit. For example, damages for your personal injury case may include:
- Your immediate medical bills, such as for surgeries, medications, and specialists
- Your ongoing medical expenses, such as for physical rehabilitation and in-home aid
- Medical devices and home modifications
- Lost wages, including missed benefits, bonuses, and paid time off
- Reduced earning capacity if you cannot earn your pre-injury income
- Other out-of-pocket expenses related to your injuries
Non-economic damages, such as pain and suffering, mental anguish, and loss of enjoyment of life may also be available through a third-party claim or lawsuit. If a defective product resulted in the death of your loved one, you may pursue a wrongful death claim against the liable parties, which could result in additional compensation.
Our personal injury lawyers on Long Island can calculate your losses to help you seek compensation. We will fight for the full and fair compensation you deserve for your serious injuries from a valid product liability claim.
What Is My Dangerous or Defective Product Case Worth?
The value of your losses depends on many aspects of your situation. In general, the more severe your defective product injury, the more you can seek for your losses. When assessing your damages’ value, our New York product liability lawyers will consider:
- Your diagnosis
- Your expected recovery period
- The amount of time you missed from work
- The cost of your economic damages
- Your quality of life, including your mobility and independence
We may also consult with field experts, such as healthcare professionals, to learn more about your projected costs. We don’t want to leave any expense unaccounted for in your claim or lawsuit.
Complete a Free Case Evaluation form now
Types of Defective Product Liability Claims
Defective products fall into the following categories:
- Defective design – A designer or engineer creates a defective product with a design defect. For example, a defective aircraft design makes a plane unsafe during flight. The cause of an airplane crash traces back to defective aircraft design.
- Defective manufacturing – The manufacturer has used a defective manufacturing procedure. For example, manufacturers fail to ensure the strength of material meets quality standards before use, and manufacturers select material based on a lower material price. No quality control inspection of the material is conducted prior to manufacture. The production line makes the roof of a vehicle from the defective material. The vehicle’s roof is unable to withstand reasonable impact and crushes during a rollover due to these manufacturing defects.
- Defective marketing – Products must contain adequate warning labels and instructions. An example of defective marketing would be the lack of warning labels to inform consumers about the risks the product poses. Believing there is no hazard, a consumer fails to store the product out of reach, and as a result, a toddler is harmed.
Defective Product Examples
Defective products can range from everyday items to large machinery. While defective products are too numerous to list, the following are some examples that now some consumers have learned to be aware of that have led to injuries and even death:
- Unsafe toys, e.g., lead paint exposure, sharp edges, choking hazards, fire or burn risks
- Laptop batteries with a high danger of heating and causing fires
- Electric blankets that overheat and burn consumers
- Defective auto parts/automobiles, e.g., seatbelt failure, defective airbags, tire tread separation, and gas tank explosions
- Birth control patches leading to blood clots, stroke, and death in young women
- Defective medical devices, such as pacemakers, defibrillators, dialysis filters, and other dangerous medical devices
- Pharmaceutical drugs with no warning of dangerous side effects, causing liver and kidney damage and an increased risk of heart attacks/stroke
- Defective cribs resulting in infant crib death
- Faulty construction materials, tools, and machinery resulting in serious injury or death
Consumers have a reasonable expectation that the products they purchase are safe. Unfortunately, this is not always the case. If you suffered injuries because of a dangerous or defective product, you may be able to seek justice and compensation for your losses. Speak with a New York product liability lawyer today.
Types of Liability Cases
At Rosenberg & Gluck, L.L.P., we understand the physical, emotional, and financial devastation our clients experience from their injuries. We also know that no amount of money can ever truly make up for what you have lost.
However, we believe in holding wrongdoers accountable for their negligence. Financial compensation can’t undo the past, but it can help you rebuild your life and plan for your future.
Product liability lawsuits are usually claims based on negligence, strict liability, or breach of warranty.
Negligence
At Rosenberg & Gluck, L.L.P., our product 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 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.
Product Liability Cases in the News
In the last few years, there have been several notable product liability cases in the news:
Takata Airbags
One of the largest and most well-known manufacturing defect recalls in U.S. history is the recall of defective Takata airbags. According to the National Highway Traffic Safety Administration, tens of millions of vehicles are under recall in the U.S. due to defective Takata airbags. When deployed, these airbags may explode if they are exposed to long-term heat and humidity. Such explosions have resulted in injuries and fatalities.
Johnson & Johnson Baby Powder
According to Forbes, as of March 2022, the pharmaceutical giant is facing over 38,000 cases that claim J&J talc products caused cancer after agreeing to a $100 million settlement in 2021. Even though it has withdrawn baby powder in the United States and Canada, J&J claims that its consumer talc goods are safe.
If J&J were to similarly resolve all of the 38,000 talc cases pending against it, J&J would be responsible for approximately $5.5 billion in damages.
Zantac
The U.S. Food and Drug Administration (FDA) requested manufacturers remove both over-the-counter and prescription versions of ranitidine drugs from the market. Ranitidine medications are commonly known by the brand name Zantac, an over-the-counter heartburn medication. If you or a loved one has been diagnosed with cancer after taking Zantac, you may be entitled to compensation for your injuries.
You Only Have So Long To File a Lawsuit Against a Manufacturer
If you plan on taking legal action against a manufacturer, you have to file within New York state’s statute of limitations. For example, CPLR § 214 generally gives you three years to bring a personal injury lawsuit. The same deadline applies to defective drug lawsuits. While some exceptions may apply, you shouldn’t make any assumptions. The sooner you speak with a Long Island product liability lawyer, the better.
If you miss the cutoff, you risk having the court dismiss your case, regardless of its merits. You deserve the best chance at holding a negligent manufacturer liable for your injuries. The sooner you act, the better you can protect your right to compensation.
We Encourage You To Consider Prompt Legal Action
When you call for your free consultation, you can discuss your case’s possible outcome with our product liability attorneys. Then, if you decide to partner with us, we will assemble a team to get working on your case immediately. When we handle your case, we will:
- Keep our eye on any deadlines that apply to your case while we negotiate with insurers.
- Submit the necessary paperwork for your lawsuit in a timely manner.
- Work with medical experts to determine the full extent of your injuries and how they will affect you in the future.
- Carefully investigate every detail of your case to identify every possible source of compensation.
- Maximize the value of your claim by fighting for the best possible outcome, whether through a settlement or trial verdict.
Keep in mind that we still need time to build your case. The sooner you reach out to us for a free case evaluation, the better. Few exceptions apply to the statute of limitations. We can determine exactly how long you have to take legal action after discussing your case.
Defective Products Causing Wrongful Death
If you have already lost a loved one due to dangerous and defective products, we understand that no amount of money can make up for your loss. We will do everything in our power to help you obtain closure and justice. You should not have to bear the financial burden of someone else’s negligence.
Wrongful death claims are subject to a different statute of limitations, established by EPT §5-4.1, than other personal injury lawsuits in New York. You generally have two years from the date of your loved one’s death to file a wrongful death lawsuit.
Seek Medical Attention After Suffering Injuries
We cannot stress the importance of seeing a doctor enough. Your health comes first, and the sooner you begin treatment, the better your chances of reaching maximum medical improvement. Maintaining records of your medical treatment will also help us prove the extent of your injuries in court.
Your product liability claim also depends on medical documentation that links your severe injuries to your use of the defective product. Your doctor can testify to the extent of your injuries and how they resulted from a manufacturer’s negligence.
Your medical records and bills can also help us put a figure on your current and future losses. If you require long-term medical treatment, you want your potential settlement to reflect this loss.
Consult with Our Dangerous and Defective Products Team on Long Island Now
Our Long Island dangerous and defective products attorneys handle all personal injury claims on a contingency-fee basis. If we are unable to recover compensation for your losses, our law firm won’t charge you anything.
You have nothing to lose and everything to gain by scheduling a free consultation with an experienced New York product liability attorney from our law firm.
We will not rest until justice is served. Call today for a free consultation with our New York product liability attorneys. Evening and weekend appointments are available upon special request. Our law firm can also assist Spanish-speaking clients.
