Every day, countless new products emerge with the aim of enhancing the lives of consumers worldwide. However, amidst the sea of innovations, some products, unfortunately, pose serious risks, leading to injuries, disabilities, and, in the worst cases, fatalities. These defective or hazardous products inflict harm upon numerous consumers each year.
Product liability cases can be complex and daunting, especially when you’re dealing with injuries or damages caused by defective or dangerous products.
If you’ve experienced harm due to a faulty product in New York, understanding your legal rights and options is crucial. At Civardi & Obiol, we will fight for your rights. Contact us today for a free consultation.
What is Product Liability?
Product liability law in New York is grounded in the fundamental principle that manufacturers, distributors, and sellers bear a responsibility to ensure the safety of their products for consumer use. When a product exhibits defects or poses unreasonable dangers, leading to harm or injury, those responsible for its creation or distribution may be held liable for resulting damages. In New York, product liability claims can be pursued through several legal avenues, including negligence, strict liability, and breach of warranty theories.
Design Defects
These flaws originate at the conceptual stage of a product’s development, resulting in a fundamental design that is inherently unsafe, regardless of how the product is manufactured or used. For instance, a poorly designed car may have a high center of gravity, increasing the risk of rollover accidents.
Manufacturing Defects
Unlike design defects, manufacturing defects occur during the production process. These defects cause the final product to deviate from its intended design, introducing hazards that were not present in the original blueprint. For example, a batch of pharmaceuticals may be contaminated during manufacturing, leading to unexpected side effects in consumers.
Marketing Defects
Also known as failure to warn or inadequate labeling, marketing defects stem from insufficient or misleading product information. This occurs when products lack appropriate warnings or instructions regarding potential risks or hazards associated with their use. For instance, a household cleaner may fail to adequately warn users about its corrosive properties, leading to injuries if not handled properly.
A multitude of products across various categories can harbor potential dangers, often due to common defects found in:
- Toys
- Automobiles
- Car Seats
- Baby Equipment
- Heavy Equipment
- Elevators and Escalators
- Electrical Devices
- Medical Equipment
- Tools
- Exercise Equipment
Understanding these distinct types of product defects is crucial for identifying potential hazards and protecting consumers from harm. By recognizing the underlying causes of defects, manufacturers and regulators can work together to ensure that products are safe and reliable for consumer use.
The Role of a Product Liability Attorney
If you’ve suffered injuries or damages due to a defective product in New York, enlisting the services of an experienced product liability attorney in the Town of Hempstead, NY, can prove invaluable. Here’s how they can assist you:
1. Thorough Case Evaluation – Your attorney will meticulously assess the specifics of your case, including the nature and extent of the product defect, the resulting injuries or damages, and the impact on your life and finances, to determine the viability of your claim.
2. Comprehensive Investigation – Armed with a wealth of legal expertise, your attorney will conduct a detailed investigation into the circumstances surrounding your injury, gathering pertinent evidence such as product manuals, manufacturing records, and expert opinions to substantiate your claim.
3. Skillful Negotiation – Your attorney will engage in negotiations with the responsible parties, including manufacturers, distributors, and insurance companies, advocating for a fair settlement that adequately compensates you for your injuries and losses.
4. Effective Litigation – In the event that a settlement cannot be reached, your attorney will tenaciously represent you in court, presenting your case to a judge and jury and tirelessly advocating for your rights to receive maximum compensation.
How We Can Help
If you or a loved one has been injured due to a defective product, it’s crucial to understand your rights and the potential legal remedies available to you. A knowledgeable and experienced personal injury attorney can advocate for justice and to do their best to hold those responsible accountable. We have successfully litigated product liability cases against some of the biggest companies in the country.
At Civardi & Obiol, our qualified New York personal injury attorneys will help to walk you through the process every step of the way. We will fight for your rights. To learn more or schedule a free consultation, contact us today!