Whenever you purchase a product, whether it’s a new toy from Target, hernia mesh for surgery, or a pesticide from Home Depot, you have a fundamental expectation: the product should be safe for you and your family. Unfortunately, in New York, this expectation isn’t always met.
Despite companies’ responsibility to ensure product safety, profit motives often lead to compromised consumer safety, inadequate testing, and, consequently, harmful defects.
You may be entitled to compensation if a defective product has injured you or a loved one on Long Island. Our experienced Long Island personal injury lawyers at the CEO Lawyer Personal Injury Law Firm are committed to assisting you in obtaining justice and holding negligent companies responsible.
We are here to offer support and guidance every step of the way. Contact us at any time—our legal team is available 24/7, 365 days a year, to provide a free consultation.
Don’t hesitate to learn how we can assist you.
How Will Our Long Island Defective Product Attorneys Help You?
A product defect can lead to serious consequences, including severe injuries that may require long-term medical treatment and result in lost wages. If you have been injured by a product you were using as intended, you might have grounds to seek compensation from the manufacturer or seller.
However, these companies often have robust legal teams that defend them and may not readily accept responsibility for your injuries. They might even attempt to shift the blame onto you.
In such situations, having a skilled product liability lawyer by your side is crucial to level the playing field, allowing you to focus on your recovery while maximizing your chances of obtaining the compensation you deserve.
Here’s why you should consider our Long Island Defective Product Lawyers if a dangerous or defective product has injured you:
- Advocacy Against Corporations: Whether facing large or small companies, we are committed to holding them accountable for any harm caused by their products.
- Thorough Investigation: We will explore all avenues of liability and seek compensation from every responsible party.
- Accurate Case Valuation: Our legal team, with the help of experienced experts, will evaluate your case thoroughly to ensure you receive a fair estimation of its worth, preventing insurers from underestimating your damages.
- Defense Against Blame: If there are attempts to blame you for your injuries, we will vigorously defend you to safeguard your claim for financial compensation.
Contact our Long Island office today to schedule a consultation with our personal injury team and discuss your case.
Our Long Island Defective Product Law Firm Handle All Types of Cases
At our Long Island personal injury law firm, our dedicated legal team specializes in personal injury law, exclusively representing clients who have suffered injuries through no fault.
We have extensive expertise in handling a wide range of product liability cases, including those involving:
- Toys
- Tools, such as power tools and hand tools
- Construction Equipment
- Medical devices
- Pharmaceutical drugs
- Vehicles and automotive safety components like airbags
- Pesticides
- Household appliances, and many others.
Contact us today to schedule your free, no-obligation case evaluation. If you cannot visit our Long Island office, we can come to you.
Our attorneys are ready to meet you at your home, workplace, or even the hospital to discuss your case. Contact us to arrange a convenient time for your consultation.
Long Island, NY Defective Product Liability Laws
In Long Island, NY, product liability claims often hinge on demonstrating that the company responsible for designing, manufacturing, or marketing a defective product was negligent. This involves showing that the firm knew or should have known about the fault and that it caused your injury.
Negligence can be demonstrated by not fixing the flaw or providing users with enough warning about the risks.
However, some cases are governed by “strict liability,” where you do not need to establish the manufacturer’s fault. Under this standard, you must prove that the product was inherently defective and unreasonably dangerous, caused injury and that you used it appropriately without any significant modifications.
Additionally, in New York, manufacturers may be held accountable for breach of warranty, which occurs when they do not meet the terms of a warranty, whether express or implied. For instance, there could be an implied guarantee that a product is safe.
Consulting with a product liability lawyer, particularly one familiar with New York laws, can be important in determining the most effective legal strategy for your situation.
What Damages Can You Get if You’ve Been Injured Because of a Defective Product?
If you have suffered an injury due to a defective product, you may be entitled to compensation for the immediate and lasting impacts of the incident. Product designers, manufacturers, and sellers can be held responsible for injuries caused by product defects.
At the CEO Lawyer Personal Injury Law Firm, we have devoted ourselves to obtaining all available compensation under the product liability statutes of the state of Long Island, NY.
This compensation may cover:
- Medical expenses
- Rehabilitation costs
- Property damage
- Emotional distress
- Pain and suffering
- Lost wages and future earnings
- Temporary or permanent disability
- Loss of enjoyment of life
- Disfigurement
If your injury occurred in the workplace, you might also qualify for workers’ compensation benefits, which can supplement the damages recovered through a personal injury lawsuit. It is important to explore all available legal avenues.
Our Long Island personal injury lawyers are here to guide you through this process. Contact us today for further assistance.
What Makes a Product Defective?
It is essential to distinguish between a defective product and a simply dangerous one. A product becomes classified as defective when it exhibits a flaw that either hinders its proper function or introduces an unreasonable risk of injury to users when employed as intended and without alterations.
For instance, while power tools are inherently dangerous, they are not automatically defective. However, if a power tool lacks essential protection or sufficient warnings, it might be deemed faulty.
Products can exhibit defects in several ways:
- Design Defect: This type of defect arises when a product’s design is inherently unsafe, posing significant risk even when used correctly. An example is a car with a roof design prone to collapse in a crash.
- Manufacturing Defect: This defect occurs during production and results in a product that deviates from its intended design, making it unsafe. Examples include vehicles with improperly installed seatbelts, medical devices lacking essential components, or contaminated pharmaceuticals.
- Labeling/Marketing Defect: This defect involves inadequate labeling or inappropriate marketing of a product. Examples include toys sold without choking hazard warnings or drugs promoted for unapproved uses.
Sometimes, it is easy to determine if a defective product is to blame for an accident or injury, but a full investigation is often needed. In these situations, speaking with a knowledgeable lawyer who can use expert analysis to define the incident’s specifics and establish who is at fault is essential.
Compensation Available in New York Product Liability Claims
If a defective product has caused you harm or financial loss, speaking with an experienced product liability lawyer can be very important. You can get help from an experienced legal team to request damages for your losses.
You might be qualified to get paid for:
- Lost wages and diminished future earning potential.
- Medical expenses associated with your treatment, including surgeries, doctor visits, physical therapy, and transportation costs to medical appointments.
- Pain and suffering, which covers both physical discomfort and emotional distress, as well as a diminished quality of life.
- Damage to personal property, including the cost of the defective product itself.
- Punitive damages are awarded in exceptional cases where the defendant’s behavior was harmful or reckless.
How to Prove Your Defective Product Case?
When pursuing a defective product case, your attorney will employ specific strategies to establish that the manufacturer or another party is liable for your injuries. Typically, your claim will hinge on one of the following four factors:
- Design Defect: This argument is based on the premise that the product was inherently unsafe due to its design, making it unreasonably dangerous.
- Manufacturing Defect: This focuses on errors during production that render the product hazardous.
- Failure to Warn: This involves cases where the manufacturer did not provide adequate warnings about the risks associated with the product, such as missing safety warnings on toys or undisclosed side effects on medication.
- Marketing Misrepresentation: This occurs when the seller fails to accurately describe how to safely use the product or omits necessary instructions or warnings.
After identifying the applicable category, your lawyer will determine the most suitable legal approach. In New York, product liability cases may be pursued under negligence, breach of warranty, tortious misrepresentation, or strict liability.
- Negligence: This theory asserts that the manufacturer was careless during the design or manufacturing of the product or failed to issue adequate warnings about its use. Proving negligence can be challenging, which is why it is less commonly the foundation of defective product lawsuits.
- Breach of Warranty: Warranties can be explicit, clearly stated, written, or implied, suggesting that the product will function as advertised. A breach occurs when the product fails to meet these standards and causes injury, making the manufacturer and other entities potentially liable.
- Tortious Misrepresentation: This basis involves the manufacturer providing false or misleading information about the product. It can range from intentional deceit to negligent or innocent misrepresentation, such as claiming a product is safe without knowing its dangers.
- Strict Liability: Often, the primary theory in defective product cases is that strict liability does not require proving that the manufacturer or seller was at fault. Instead, you must only demonstrate that the product was defective and dangerous at the time of sale, regardless of the seller’s knowledge of the product’s hazards.
Finding out these elements and legal theories can significantly enhance your defective product liability case strategy.
The Process of Pursuing a Long Island Defective Product Liability Lawsuit
Pursuing a product liability lawsuit on Long Island can be complex and requires navigating several legal steps. Unlike more straightforward cases like car accidents or slip-and-falls, product liability cases involve intense scrutiny from defendants determined to avoid compensating injured parties.
Fortunately, having a dedicated Long Island product liability attorney can make a significant difference. These attorneys fight against large corporations to get justice for their clients and fiercely represent people injured by faulty products.
Here are the key stages one should expect in a product liability lawsuit:
- Case Evaluation: Initially, an attorney will meet with the potential client to understand the details of the defective product and the injuries it caused. This step is essential to assess the viability of the case.
- Case Decision: The attorney will decide whether to represent the client based on the evaluation. If they choose not to take the case, they will provide a detailed explanation for their decision.
- Filing the Complaint: If the attorney agrees to proceed, they will file a formal complaint in either New York State Court or Federal Court, demanding damages and a jury trial.
- Discovery Stage: This phase involves exchanging critical information between the plaintiff and defendant(s). Medical records, company documents, and other relevant evidence are shared to build a robust case. Depositions of witnesses, experts, and corporate representatives are also conducted during this period.
- Mediation and Settlement Negotiations: Although some settlement discussions can start during the discovery phase, they typically intensify once all the pertinent information is collected. If parties can’t reach an agreement, they might engage in mediation to try and resolve the dispute before trial.
- Trial: Should the case not settle through negotiations or mediation, it will proceed to trial. Here, a jury will determine the outcome. Settlement discussions can continue throughout the trial and even up to the point of a jury decision.
- Appeals Process: The losing party at trial can appeal the decision, potentially prolonging the legal battle for years. Because of this, many choose to settle before reaching trial to avoid a prolonged appeals process.
Reach Out to Our Expert Defective Product Lawyers in Long Island, NY
Managing product liability claims can be challenging, so having a skilled Long Island personal injury attorney on your side is essential. Our team of devoted Long Island product liability attorneys at the CEO Lawyer Personal Injury Law Firm is committed to helping you get the compensation you are due for your injuries.
Call us at (516) 689-1132 or schedule a complimentary initial consultation via email to discuss your defective product case and find out the ways we would be able to help you.
