Dangerous and defective products harm many people each year.
- We obtained $500,000 for a client who suffered a severe leg injury due to a defective pitchfork. The head of the pitchfork came off and impaled her leg.
- We obtained $95,000 for a client who purchased overly slippery kitchen tiles. The client slipped and fell and fractured her tibia.
For a free legal consultation with a dangerous and defective products lawyer serving Long Island, call 516-451-7900
Offering 100 years of personal injury experience to your claim
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
Offering trusted legal guidance
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.Pursuing justice aggressively on your behalf
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. Complete a Free Case Evaluation form now
Defective product statistics
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.Common defective products
While every product in the marketplace has the potential to be defective, some products have defects more often than others. Consumer protection laws are put in place to help people recover monetary damages from defective products. Sometimes though, individuals must have other means of recourse when a product harms them physically. Some of the more common defective products include:- Medications
- Medical devices
- Motor vehicles
- Children’s toys
- Household appliances
Types of defects within dangerous products
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. Design defect
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.Manufacturing defect
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.Marketing defect
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.Injuries from dangerous products
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.Different types of liability
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.Negligence
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:- Duty. You must prove that the manufacturer in your case owed you a specific duty of care.
- Violation of that duty. You must prove that the manufacturer’s actions, or lack thereof, violated that duty of care that they owed you.
- Causation. Through this element, you must prove that the manufacturer’s careless actions directly relate to your accident.
- Damages. This element must establish the injuries or damages you sustained from your accident.
Strict liability
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:- The dangerous and defective product in question was manufactured and sold in a condition that is harmful and unreasonably dangerous
- The manufacturer who distributed and sold the product intentionally did so with the knowledge that the product in its defective form would reach the masses.
- As a result, you suffered severe injuries from the dangerous and defective product.
Breach of warranty
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.Express warranty
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.Implied 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.
Filing a lawsuit for a defective product case
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.Negotiations with the manufacturer’s insurance companies
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.What Rosenberg & Gluck’s Long Island dangerous and defective products lawyers can do for you
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.Consult a Long Island defective products lawyer today
