What if the everyday products we have used for our families and ourselves were defective? What if the baby playpen that you just put your child in for a second ended up suffocating your child? What if the stroller you put your child in ended up breaking down in the middle of a walk and seriously hurting your child?
Unfortunately, these are the situations that many consumers find themselves in when manufacturers create dangerous and defective products. When you or a family member suffered severe injuries due to a manufacturer’s careless actions, you should seek the legal guidance of a Long Island dangerous and defective products lawyer.
These are only examples of how we fight for our clients against manufacturers selling defective or dangerous products. Reach out to discuss your situation today.
For a free legal consultation with a dangerous and defective products lawyer serving Long Island, call 516-451-7900
When hiring a dangerous and defective product lawyer, you want an experienced product liability lawyer. At Rosenberg & Gluck, our lawyers have a combined experience of 100 years of handling and resolving personal injury cases for our clients. We use technology to build the strongest case possible for you, such as state-of-the-art computer software and computer-generated exhibits. These other progressive resources at our disposal help increase your chances of recovering your compensation.
Long Island Dangerous and Defective Products Lawyer Near Me 516-451-7900
Another way that our lawyers assist you with your product liability case is by offering the most trusted legal advice for your particular claim. You should always have legal representation you trust.
Many former clients continue to refer their family and friends to our lawyers for high-quality legal representation. Our lawyers go the extra mile to give you the best possible legal advice for you and your family. Even insurance adjusters respect our ability to represent our clients.
In every step of your product liability lawsuit, our lawyers promise to fight on your behalf with a thoroughness that few law firms can match. We are passionate about remaining cutting edge and keeping our skills sharp for the success of every one of our clients. We leave no stone unturned and include each witness, expert, and critical piece of evidence in your case. We create the best strategy for each client and prepare the best strategy possible for success.
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The National Safety Council (NSC) reported that 11.7 million people went to the emergency room for injuries related to defective products last year. Even more alarming, these injuries happened due to products that we use for everyday purposes, like household cleaning products and bedsprings.
As a consumer, it is frighteningly easy to come in contact with a dangerous product that can harm your life. Every type of product—from your children’s toys to the medical devices you rely on to assist with your health concerns—is in danger of becoming defective.
While every product in the marketplace has the potential to be defective, some products have defects more often than others.
Some of the more common defective products include:
Medications and medical devices, in particular, are among the more common defective products due to the lack of adequate regulation in the medical field. The testing for medical manufacturers is very relaxed when introducing new medical devices to the marketplace.
For a product to be considered defective, there must be one or several defects discovered within the product. The three primary defects possible within a dangerous product include design defects, manufacturing defects, and marketing defects.
A design defect is a defect found within the model or design of a product when a product’s faulty design causes harm to a consumer or presents a significant risk of injury. Other examples include medication designed to prevent one health condition that only increases the risk of another.
A manufacturing defect is a defect that happens as a result of the manufacturer’s negligence. Manufacturing defects occur when the entire product line does not come out as expected, as opposed to only one model in a whole product line. These defects result from something that went wrong during manufacturing. Some examples include motor vehicle models with the same manufacturing defect and a product line of children’s cribs with the same manufacturing flaw.
A marketing defect is a defect with the product’s marketing plan. When a manufacturer fails to properly list all warnings and safety instructions associated with a product, that is an example of a marketing defect. Other examples of a marketing defect include presenting false claims on a product or instructions that encourage the improper use of a product.
Other than coming across a product that does not work as intended, the other fear associated with a dangerous or defective product is the health risks associated with the product. When you or a family member suffers an injury from a defective product, you face more severe injuries than cuts and bruises.
With children’s toys, in particular, children are at risk of suffering from suffocation, choking hazards, and instant death when they come across dangerous toys. If you depend on medical devices, you can suffer strokes, lack of oxygen, infections, organ loss, and other permanent disabilities. Many of these conditions can kill consumers.
In personal injury law, manufacturers have a legal responsibility toward every consumer. When manufacturers design, distribute, and sell products for the marketplace to consume, they have a responsibility to ensure that those products are safe for the consumer to use. When this safety is compromised, you as the consumer have the right to hold the manufacturer liable for your injuries. Through product liability, manufacturers can face lawsuits for distributing a defective product that caused you significant harm.
In a product liability lawsuit, three legal concepts can help you hold a manufacturer liable for your accident. The central legal concept is negligence. Negligence is a legal concept in every personal injury claim that holds a party responsible for the role that their negligent actions play in a plaintiff’s accident.
To prove negligence in a product liability lawsuit, a plaintiff must prove four elements:
Another legal concept that you can use to hold a manufacturer liable in a product liability lawsuit is strict liability. Strict liability holds manufacturers liable for any injuries consumers experience from their products. This legal principle holds manufacturers liable for their consumers’ injuries regardless of the manufacturer’s actions to prevent any injuries from happening.
New York law permits strict liability claims against product manufacturers.
If you plan to hold manufacturers liable through strict liability, you will have to prove:
Another legal principle that holds manufacturers liable in product liability lawsuits is the breach of warranty. The breach of warranty is a liability principle that holds manufacturers accountable when the products they distribute and manufacture do not work as expected. Every manufacturer promises consumers that whatever product they manufacture will work as expected for each consumer. When this promise is unkept or broken, that is grounds for a breach of warranty.
Each product comes with two warranties: express and implied.
An express warranty is a promise the manufacturer makes to encourage the sale of a product. For example, a set of headphones with a two-year warranty is an example of an express warranty. When the headphones do not work as expected for two years, you can sue the manufacturer for breach of warranty.
An implied warranty assumes that the product will work as expected. Referring to the headphones, you purchase them expecting they will work as expected. When the headphones appear defective, you can sue for breach of warranty through an implied warranty claim.
When you file a product liability lawsuit, you must file it within the statute of limitations—your deadline to sue a particular party for your injuries. In New York, you have three years from the date of your injury to file a lawsuit against the product manufacturer. When you miss your deadline to file, you miss your opportunity to sue the manufacturer forever.
When you sue the manufacturer for compensation, you must negotiate with the manufacturer’s insurance company. The insurance company will be liable for the manufacturer’s negligence. Instead of doing the necessary action and awarding you the compensation you deserve, the insurance company will make several arguments about why you should not receive compensation.
One of the most common arguments that insurance companies make is that you ignore the obvious risks of using a product and decide to use it anyway. Another argument is that you assumed a risk when the product.
When you use a product, you assume it will work as expected. When that product turns out to be dangerous and defective, it violates your trust in a manufacturer. While you may feel passionate about fighting for your compensation, you may be worried about going up against a large manufacturer like Johnson & Johnson or General Motors. You may feel as if the chips are stacked against you. When you want to level your chances of success in your lawsuit, you need to reach out to a Long Island dangerous and defective products lawyer.
When a product has seriously harmed you, your best bet is to consult with a Long Island product liability lawyer. At Rosenberg & Gluck, our lawyers are passionate about aggressively fighting for your legal rights and will stop at nothing to recover fair financial compensation for you.
Rosenberg & Gluck’s lawyers will not rest until justice is served. Call or text our law firm, or complete a free case evaluation form today. The sooner you speak with an attorney, the sooner you can recover compensation for your injuries. Reach out for help with your product-related case by calling Rosenberg & Gluck at (631) 451-7900 or writing to us using our contact page right now, and we’ll start with your free claim evaluation.
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