People rely on numerous products daily, from the coffee maker that brews their morning coffee to the vehicles they drive to work. These products are usually safe and efficient, but sometimes, they fail, leading to unexpected and severe injuries.
Such defects can leave individuals facing hefty medical bills and sometimes unable to work, increasing the financial burden.
Individuals injured by defective products may file a claim against the negligent manufacturer to recover damages for their injuries. Legal fights involving huge manufacturers are complicated and intimidating, so it’s best to have assistance when dealing with them.
The expertise and expertise of an experienced product liability lawyer can be quite helpful in cases such as these. For example, the Bronx personal injury attorneys at the CEO Lawyer Personal Injury Law Firm in the Bronx are qualified to help victims secure the compensation they deserve.
For a free consultation, contact our law offices in the Bronx, New York, to learn more about your legal options.
The Role of Our Bronx Defective Product Attorneys
Product liability lawyers are crucial in helping victims seek justice and compensation for harm caused by defective products. They assist in identifying responsible parties, including manufacturers, assemblers, wholesalers, and retailers.
Our New York product liability lawyers diligently investigate each claim, gathering essential evidence such as medical reports and expert testimonies. We approach our clients’ concerns with empathy and respect, ensuring all questions are addressed thoroughly.
During settlement negotiations with insurance companies, our lawyers advocate on your behalf, sparing you from the stress of dealing with them directly. If insurers fail to offer fair compensation, we are prepared to litigate aggressively in court, armed with compelling evidence and legal arguments tailored to your case.
Our team personally addresses every product liability matter in NYC or elsewhere. We offer complimentary consultations to assess your case and recommend the most effective action.
Unlike representing corporations, we prioritize the interests of individuals. The CEO Lawyer Personal Injury Law Firm operates on a contingency basis, meaning we only collect payment if we secure damages through a settlement or verdict.
We establish our contingency plan upfront, ensuring transparency throughout your case.
Why Choose Our Bronx Defective Product Law Firm?
Our Bronx personal injury law firm believes in holding businesses accountable for the harm they cause to their clients. You are entitled to compensation if you’ve suffered from food poisoning or a serious injury caused by defective products.
Ali Awad – The founder of the CEO Lawyer Personal Injury Law Firm has supported clients in the Bronx with product liability claims. He is deeply knowledgeable about the law and is committed to helping our clients recover quickly.
The process begins with a free initial consultation, during which Ali Awad will attentively listen to your experience and assess the validity of your case.
Identifying who is at fault is the first step if your case proceeds. The defective product itself often serves as critical evidence.
Ali Awad will conduct thorough research or consult industry experts to link the defect to your sustained injury.
With solid evidence in hand, he aggressively pursues the responsible parties. This typically involves preparing legal motions and negotiating with the at-fault party’s insurance.
Having handled product liability claims for many years, Ali Awad can precisely evaluate the worth of your case, ensuring you don’t settle for less than you deserve.
Some situations may lead to court, but Ali Awad is undeterred. With all his trial experience, he is always prepared to fight for his client’s rights in court if necessary.
5 Common Products in Personal Injury Claims
Product liability claims frequently arise when products are defective and cause accidents. Some products are more commonly involved in these claims:
- Food: Food safety is critical due to the complex supply chain before products reach consumers. Food recalls are frequent and underscore the prevalence of defects in food products. Identifying the responsible party for these defects can be challenging due to the number of handlers involved. Product liability attorneys are crucial in investigating and determining liability for damages.
- Medications: Essential for health, medications can sometimes pose risks. Drugs like Prozac, Zantac, and Zoloft frequently appear in product liability claims. Despite their health benefits, the potential for harm makes these drugs common subjects in legal disputes over safety.
- Childcare Products: Products designed for children, such as talcum powder and toys, must adhere to strict safety standards due to their vulnerable user base. However, issues like choking hazards in toys and health concerns with products like talcum powder have led to significant legal scrutiny and claims for safer product formulations.
- Vehicles: Vehicle defects can lead to severe accidents, with faulty brakes being a notable example that can result in catastrophic outcomes like wrongful death. The frequency of such defects highlights the importance of rigorous safety checks and responsive recalls to prevent accidents.
- Construction Equipment: The inherent dangers of construction equipment are magnified when defects are present. Faulty equipment can endanger the operator and bystanders, emphasizing the need for stringent safety standards and accountability in manufacturing.
Injuries from defective products give consumers the right to seek compensation for damages incurred. This list exemplifies just a few products commonly involved in personal injury claims due to defects.
Introduction to Product Liability
Product liability pertains to legal claims against manufacturers and sellers for injuries caused by their products. This responsibility extends to the producers of the product components as well. Importantly, product liability protection is not restricted to the original purchaser.
Whether you borrowed or were gifted the product, you can pursue a product liability claim if you were injured using the product as intended.
This area of law protects individuals injured by defective products. Businesses are also covered under product liability.
For example, if a malfunctioning stove causes a fire in a restaurant, the stove’s manufacturer could be liable for damages.
What Are Manufacturers Liable For?
Manufacturers are accountable for maintaining a high level of care toward consumers. This entails ensuring that any product they release to the public is free from hidden dangers or defects, making it safe for all users.
Failure to fulfill this duty of care may result in liability for damages or injuries caused by their product. Furthermore, if a product carries potential risks, manufacturers must warn customers about these dangers and guide them on mitigating them.
Manufacturers can be held liable through two primary legal avenues:
- Strict Liability: Consumers are required to demonstrate that they sustained injuries while using the product as intended.
- Negligence: Consumers must establish that the product’s design was negligent, leading to the injury.
Three Types of Defects in Product Liability Claims
Product liability claims can encompass three distinct types of defects, each critical in understanding the legal accountability of manufacturers.
- Defective Design: This type of defect arises during the design phase of a product. A product is considered defectively designed if it inherently fails to meet safety standards. For instance, a chainsaw lacking essential safety features like a chain brake exemplifies a defective design, as it omits crucial safety mechanisms.
- Manufacturing Defects: These are the defects most commonly associated with product liability. They occur when there is a deviation from the design specifications during manufacturing. Using the chainsaw example, if the final product lacks the safety features specified in its design, such as not incorporating the chain brake, it is deemed to have a manufacturing defect.
- Failure to Warn: Manufacturers are required to inform consumers about the potential risks associated with using their products. This includes adequate instructions or warnings about the product’s inherent dangers. For example, if a chainsaw can cut through tough materials, the manufacturer must warn about its powerful cutting capabilities. Failing to do so constitutes a failure to warn, making the manufacturer liable for resulting harm.
Each type of defect underlines a different aspect of responsibility that manufacturers must adhere to, ensuring consumer safety and reducing legal liabilities.
What is my Bronx Product Liability Case Worth?
Determining the value of your product liability case in the Bronx hinges on various factors.
Key considerations include:
- Medical Expenses: The total cost of your medical treatment and ongoing rehabilitation will play a significant role in assessing your case’s value.
- Lost Income: If your injury has caused you to miss work, the amount of income you’ve lost due to absence can contribute to your compensation.
- Future Employment: If your injury affects your ability to return to work in the same capacity, this could impact the compensation you’re entitled to.
- Permanent Disability: If the injury results in a permanent disability, the long-term impact on your ability to work and enjoy life will be factored into your case.
- Quality of Life: The extent to which the injury has diminished your quality of life, including any physical limitations, emotional distress, and lifestyle changes, will be considered.
- Emotional Distress: Compensation may also cover the emotional pain and suffering you’ve endured due to the injury.
Insurance companies and the defense may attempt to undervalue your case, but you have the right to seek fair compensation.
Product liability lawsuits are our area of expertise at the CEO Lawyer Personal Injury Law Firm in the Bronx. Due to our wealth of knowledge, we can accurately evaluate your case and fight for the money you are due.
We have the resources necessary to consult with specialists and reject unsolicited settlement proposals, guaranteeing that the law will treat you fairly.
How Do You Prove Negligence in a New York Product Liability Case?
In New York product liability cases, establishing negligence isn’t always required to hold manufacturers accountable. New York law allows victims to hold product manufacturers strictly liable for defective products, irrespective of negligence.
There are three primary types of product defects to consider: design, manufacturing, and marketing.
Design Defects:
A design defect refers to an inherent flaw in the product’s design that renders it unreasonably dangerous. To establish liability in a design defect case, you must demonstrate:
- The product was unreasonably dangerous due to its design.
- An alternative design existed that would have been safer.
- The alternative design was economically feasible to implement.
Manufacturers are obligated to seek safer design alternatives for inherently dangerous products. Failure to do so may result in liability for any resulting harm.
Manufacturing Defects:
Manufacturing defects occur during production, leading to a product that deviates from its intended design. For instance, using incorrect materials or assembly methods can result in a defective batch of products.
Unlike design defects, negligence isn’t necessarily required to prove liability in manufacturing defect cases.
Marketing Defects:
Also known as failure to warn, a marketing defect arises when manufacturers fail to adequately warn consumers about potential risks associated with product use. Manufacturers must provide clear warnings and instructions for safe product usage.
While they can’t eliminate all risks, they must communicate foreseeable hazards to consumers.
Breach of Warranty:
Consumers can expect products to be safe for their intended use. Manufacturers implicitly warrant that their products are defect-free and will perform as advertised properly.
Breach of warranty is another legal avenue to hold manufacturers accountable for defective products.
Get Legal Help With Our Top Bronx Defective Product Lawyers
If a defective product harms you or a loved one, you might be able to sue the manufacturer, distributor, or retailer for damages. Product liability lawsuits are complex and require a thorough knowledge of the relevant legal framework.
Determining legal culpability frequently requires reviewing copious amounts of data and consulting with specialists. To get the greatest result for your case, you must work with a Bronx personal injury lawyer specializing in product liability cases.
At the CEO Lawyer Personal Injury Law Firm, our team has substantial experience handling product liability claims and personal injury and wrongful death cases stemming from various incidents like auto accidents, medical malpractice, slip and fall accidents, and construction mishaps. Contact us at (516) 689-1132 to arrange a complimentary, no-obligation consultation about your situation.
We offer our services to accident victims across the Bronx, Westchester County, Suffolk County, Staten Island, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.
