NYC Product Liability Lawyers

Product liability claims are most commonly associated with:

• Negligence: The manufacturer was negligent in regards to product design, the manufacturing process or failure to warn of potential danger.
• Strict liability: The product is dangerous in itself, and there is no need to prove that the manufacturer was at fault.
• Breach of warranty: The product failed to perform the way the manufacturer warranted.

Each claim requires proof in varying forms. Contact an experienced personal injury attorney to examine the details of your case and determine the appropriate next steps.

At Spar & Bernstein, we offer a free consultation to review the details of your case and recommend the best course of action.

Defective consumer products can include:

• Household appliances
• Defective medical devices
• Children’s toys
• Car seats
• Safety equipment, like seatbelts and airbags
• Vehicle components
• Medication
• Construction equipment
• Tools
• Electronics
• Batteries

To file a product liability claim, the following must be true:

• You were injured
• The product that caused your injury was defective, lacked instructions or did include a warning
• Your injuries resulted from the stated defect, lack of instructions or lack of warning
• At the time of the injury, you were using the product as intended

The statute of limitations states that a product liability claim must be filed within three (3) years of the date of the injury.

The most common types of product defects include:

• Manufacturing defects
• Design defects
• Marketing defects (Failure to warn)

An experienced personal injury lawyer will examine the details of your case and compile the proof needed to reach a settlement.

A manufacturing defect is a problem that occurs during the manufacturing process and results in a faulty, defective or dangerous product.

Examples include:

• Toys assembled with the wrong screws
• Tires with weak seals
• Drugs contaminated due to poor packaging

A design defect is a problem related to the design of the product, which results in a product that is unsafe. For example, a design issue with a car that makes it prone to rollover accidents.

A marketing defect, also known as failure to warn, refers to a missing warning label stating potential dangers of a product when in use.

Examples include missing choke hazard warnings on toys for certain age groups or a missing warning label stating that the use of a drug may cause kidney failure.

If you file a product liability claim, you can seek compensation for:

• Medical bills
• Pain and suffering
• Future medical treatment
• Physical therapy and rehabilitation
• Lost wages
• Future lost earnings
• Property damage
• Emotional distress
• Loss of enjoyment
• Loss of support if your loved one lost their life in the incident

The most common injuries in product liability cases include:

• Fractures
• Thermal or chemical burns
• Neck, back and spine injuries
• Traumatic brain damage
• Eye injuries
• Lacerations
• Accidental poisoning
• Electric shock or electrocution
• Traumatic amputation
• Paralysis
• Organ failure
• Serious illness
• Wrongful death of a loved one

If you receive worker’s compensation for your injury, that does not automatically mean you cannot file a claim against the manufacturer. To identify your options, contact a personal injury attorney.

Save anything related to the drug that was recalled, including packaging and receipts. Get in touch with an experienced product liability attorney to discuss your options.

Depending on the cause of the malfunction, you may be able to sue the manufacturer.

A product liability lawyer will review the details of your case to determine your options.

Although keeping the product is highly recommended, you can file a claim even if the product is no longer in your possession.

To define your options, contact a legal firm that specializes in product liability cases.

Hiring an experienced product liability attorney is crucial to the outcome of your case. Your attorney will:

• Identify the parties that are responsible for your injury
• Define the type of negligence/liability
• Consult external specialists
• Calculate losses
• File a claim
• File a lawsuit
• Communicate with insurance companies
• Draft and file claims or lawsuits
• Represent you
• Negotiate settlements

A class action lawsuit is initiated by one or several people on behalf of a larger group of people who have been negatively affected by the same problem.

It is possible to file a class action claim in cases referring to:

• Unsafe products such as drugs, medical devices, appliances, automobiles, supplements and more
• Product recalls

Contact an experienced product liability lawyer to discuss your options.

At Spar & Bernstein, we never collect payment upfront. We offer a free consultation to examine the details of your case, and you only pay for our services if and when you receive your settlement.

After a settlement is reached, we collect a small percentage of the net amount you received as compensation.