Have you ever saved up to buy a product for yourself or a loved one and then heard that it has been 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 to you.
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 200-300 products annually and removes millions of items from markets across the country. 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. Lawsuits that pursue such just compensation are called product liability claims and are a type of lawsuit that our experienced attorneys are adept at handling.
For a free legal consultation with a product liability lawyer serving Long Island, call 516-451-7900
TYPES OF DEFECTIVE PRODUCT LIABILITY CLAIMS
Defective products fall into the following categories:
- Defective design – A designer or engineer creates a defective design. 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 manufacture – 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.
- Defective marketing – Products must contain adequate warning labels and instructions. An example of defective marketing would be the lack of warning on a label 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.
Long Island Product Liability Lawyer Near Me 516-451-7900
DEFECTIVE PRODUCTS EXAMPLES
While defective products are too numerous to list, the following are some examples that now some consumers have learned to beware of:
- 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 and seatback 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, etc.
- Pharmaceutical drugs with no warning of dangerous side effects — liver and kidney damage, increased risk of heart attacks/stroke
- Defective cribs resulting in infant crib death
TYPES OF LIABILITY CASES
Claims brought against parties for product liability are usually claims based on negligence, strict liability, or breach of warranty.
At Rosenberg & Gluck, 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 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 their guarantee.
- COMPENSATION FOR INJURY
If you have suffered an injury caused by a dangerous or defective product, you may have a claim for damages against any party in the chain of distribution, from the designer or the manufacturer to the retailer. At Rosenberg and Gluck, we have extensive experience representing product liability claimants, which includes 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 injuries, we can help you get financial compensation for the harm you suffered.
In a product liability claim, you are entitled to receive compensation for medical expenses, lost income as well as pain and suffering.
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Recent Product Liability Cases in the News
Because of the vast number of products that are recalled each year, there are cases of product liability claims constantly circulating in the news. However, a recent example that encapsulates negligence, strict liability, and breach of warranty all wrapped up in one case concerns Amazon and its third-party vendors.
Stemming from an eye injury sustained by a consumer named Heather Oberdorf, the matter at hand is in regards to whether or not Amazon should be responsible for the actions of their third-party sellers who utilize the platform to sell their products. Oberdorf’s injury was caused by a defective leash she bought on Amazon from a company called The Furry Gang. While walking her dog, something in the mechanisms of the leash failed to work properly, and as a result, it released unexpectedly and snapped across her face. Because of the location and the force with which the lease hit, it allegedly rendered her unable to see, and she has still not recovered her vision from the accident. Unable to get a hold of The Furry Gang, Amazon is now being sued by Oberdorf.
Call a Personal Injury Attorney Today
Our Nassau County 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, we will not charge you a fee.
Schedule a free initial consultation by calling our Products Liability Attorneys at (631) 451-7955. Evening and weekend appointments are available upon special request.