Product Liability
New York product liability laws allow consumers to pursue damages if a defective product causes them harm. Manufacturers and marketers have strict liability for their defective products, meaning you don’t need to prove negligence to obtain compensation. Virtually any defective consumer product, such as food, toys, or electrical equipment, can be hazardous in certain circumstances. If a defective product injures you, you may have the right to compensation in a product liability lawsuit.
Collecting damages in product liability lawsuits can be challenging but the experienced New York product liability attorneys at the Law Offices of Robert E. Brown, P.C., have a very high case success rate. Attorney Brown has won the Law Firm 500 Award and is proud to be a National Trial Lawyers Top 100 member. He is also a retired NYPD captain and a Harvard graduate. Speak to one of our personal injury attorneys today in a complimentary consultation about your case.
What Is Product Liability?
Product liability involves claims against product manufacturers and sellers for damages caused by their defective products. This includes manufacturers of parts used in products. The protection offered to consumers under product liability law is not just for the original purchaser but for anyone injured by the product. If you were hurt by a defective product that you did not buy, you still could have a valid product liability claim.
What Is A Product Liability Claim?
In New York, the person who was harmed or the family of a person who died because of a product injury can file a product liability lawsuit. New York law requires product manufacturers and sellers to ensure products aren’t defective or hazardous to users. Companies have to provide warnings on products if using the product in a specific way could be dangerous to a person’s health.
There are three types of product liability claims in New York:
Defective Manufacturing
Defective manufacturing of consumer products is a common problem. A common example is a cracked part in a child’s toy that causes it to fall apart. Another example is a defective brake pad that overheats under hard braking. There is a product liability claim if your attorney can show a direct relationship between the defect and your injury.
Faulty Design
Some consumer products are hazardous because of a faulty design. This is different than a product defect that occurs during manufacturing. In many cases, the inherent danger in the consumer product isn’t understood until it is sold on the market and used repeatedly by consumers.
Failure To Warn
A failure to warn product liability claim typically concerns a product that could be hazardous if not used correctly. New Yorkers rely on clear warnings and instructions about potential product dangers, especially those that are not obvious.
A failure to warn claim can involve anything from an absent warning label on a toy or an inadequate warning on an electric device that can cause burns when misused. A failure to warn claim would be possible if you suffered injuries that probably wouldn’t have happened if you had been properly warned.
What Is Strict Liability?
Strict liability is the law in New York. It means you don’t need to prove negligence to receive compensation for damages in a lawsuit. The product manufacturer is liable for errors, hazardous designs, and failure to warn of dangers, regardless of whether your attorney can prove negligence.
Pursuing A New York Product Liability Claim
A severe injury from a defective product can affect your health, ability to be employed, and quality of life. Also, the injury can have a severe impact on your finances. However, by filing a NY product liability lawsuit, you may be awarded compensation for the following damages:
- Medical expenses: Potential expenses could be for hospital stays, surgeries, ER care, prescriptions, doctor visits, and necessary medical equipment
- Lost earnings: You may recover lost earnings if you lose the ability to earn a living.
- Pain and suffering: Payment for pain and suffering includes physical pain and the mental and emotional effects of your injuries and treatments.
- Wrongful death: Did you lose a loved one because of a defective product? You may be entitled to compensation in a wrongful death lawsuit. A wrongful death claim for a product injury can include medical expenses, the pain and suffering of the deceased before they died, mental and emotional anguish, and loss of income.
Retain an experienced New York product liability attorney today to understand your case’s potential value.
Why Hire A New York Product Liability Attorney?
You can file a product liability claim in New York. However, product liability lawsuits are notoriously complex and challenging to navigate without a skilled lawyer. Deciding who should be sued, negotiating for maximum compensation, and making convincing legal arguments in court are highly specialized skills you get with experienced product liability attorneys.
A New York product liability attorney will investigate your claim and gather evidence such as your medical records and product expert testimony. We also negotiate with insurance companies for a fair settlement so you can concentrate on healing. If the insurance company refuses to offer fair compensation, we will sue them. We will go to court with all the arguments and evidence needed to obtain your compensation.
What Is A Product Liability Claim Worth?
Costs may add up quickly after a defective product injures you and the case value could be high, depending on the situation. However, every product liability case and injury is unique; no ethical attorney would promise a specific dollar amount. The following factors will have a significant effect on your case’s value:
- Your medical costs. The case value would be higher if a defective product burned you and you needed skin grafts.
- Whether you have lost income.
- Whether your product injuries affect your ability to work and earn an income.
- Whether you have a permanent disability or scarring.
- The value of property that was damaged or destroyed in the accident.
Our New York product liability attorneys can discuss your case details and its potential worth with you today.
What Is The Process For Filing A New York Product Liability Claim?
Collect all evidence you have if you think a defective product hurt you. Important evidence includes the product and any harm it caused you. Bring the evidence to Attorney Brown. If the case has merit, Attorney Brown can notify the liable party and the court that you intend to file a lawsuit. Then, your attorney will compose the legal paperwork to start the lawsuit. Both sides exchange important case information during the discovery process. After that, the claim will either be settled or go to trial.
Can You File A New York Claim For An Out-of-State Injury?
You may file a New York product liability claim for out-of-state injuries if the product manufacturer or seller operates in New York. For instance, if a defective product injured you in Delaware when you were visiting family, you could file a suit in New York if the company sells or advertises the product in New York.
New York Statute Of Limitations
New York has a statute of limitations for filing a personal injury claim. In New York, the time limit for filing your claim is three years from the date of the injury or the date that you discovered the injury. In some product liability claims, you may only discover the injury or harm days, weeks, or months later. In this case, the state follows the discovery rule, and the statute of limitations is extended if you were unaware of the injury at first. Ensure you promptly retain a product liability attorney so you don’t miss the state’s statute of limitations.
Will My Product Liability Case Go To Court?
Most personal injury claims are settled out of court. Less than 5% of personal injury cases are estimated to go to trial. The insurance company usually wants to settle the case to avoid a costly trial, bad publicity, and the possibility of a jury awarding more compensation. However, Attorney Brown is equally adept at settlement negotiations and litigation, so he will always act in your best interests.
Contact A New York Product Liability Lawyer Now
If a defective product hurts you, you may have cuts, scrapes, burns, amputation, head trauma, or other serious injuries. Don’t try to take on a large corporation and insurance company alone. The only way to get fair compensation for your medical bills and other losses is to have a skilled product liability attorney representing you.
The Law Offices of Robert E. Brown, P.C., are passionate about assisting injured clients in all types of personal injury claims and have a high case success record. Our firm is proud of its perfect 10.0 Avvo ‘Superb’ rating, which shows the skill and success of our attorneys.
Our NY product liability attorneys are compensated by contingency fees so you don’t pay unless we obtain damages from a settlement or favorable jury verdict. For a free consultation, call (212) 766-9779 today.
