As a consumer, you assume a product you have purchased is safe for its intended use. Despite safety regulations in place to protect consumers, it is not uncommon for a person to be injured by dangerous and defective products. When you are injured due to a poorly designed product, speak to a Nanuet product liability lawyer from StolzenbergCortelli, LLP regarding your potential claim.
When a defective product hurts someone, they can sue anyone in the distribution chain for their injuries, like the manufacturers or retailers. When manufacturing products for consumer use, there is a legal obligation to design it safely and to disclose any potential defects or side effects to consumers.
There is strict liability for defective product cases, meaning it does not matter if the manufacturer or retailer was negligent. Discuss your right to financial damages with an experienced personal injury attorney.
In product liability claims, any entity involved in a consumer product’s manufacturing, production, or sale may be liable for a consumer’s injuries. Failure to ensure the product is safe for public use could open the manufacturer up to a civil lawsuit. Under New York law, any party in the distribution chain is strictly liable for the injuries caused by a defective product. Among the most common defective product claims are:
Claims of this nature can sometimes be more complicated than a typical injury claim. An experienced Nanuet attorney from StolzenbergCortelli, LLP who is familiar with product liability law could assist a plaintiff in pursuing a claim for compensation.
The state recognizes three types of product defects for product liability claims: design defects, failure to warn, and manufacturing defects. That also includes pharmaceutical companies being responsible for a dangerous drug.
At StolzenbergCortelli, LLP, a Nanuet product liability attorney could demonstrate that a product had one of the three recognized defects and pursue compensation for the injured plaintiff.
When a product has a defective design, that means there is a flaw that makes the product unreasonably dangerous to consumers even if it was made correctly. To show a design defect, the consumer must prove there is a less dangerous design that was reasonable and would have maintained the product’s integrity while reducing the risk of injury to the consumer.
When a product is designed safely and correctly, but an error during production makes it dangerous, it is considered a manufacturing defect. This defect might affect just one item or an entire batch.
When a manufacturer provides insufficient instructions for the product, fails to warn consumers of potential dangers, or has an improper label, the consumer can pursue a product liability claim as a marketing defect.
Financial compensation in product liability claims will be determined by the severity of the injury. Generally, plaintiffs pursue compensation for:
In some cases, punitive damages could be available if the manufacturer or company that made the product engaged in gross negligence. An injured party should discuss compensation with a Nanuet defective products lawyer from StolzenbergCortelli, LLP to determine what forms of compensation are available in this case.
At StolzenbergCortelli, LLP, we understand how devastating injuries can be to you and your family. One small mistake in the assembly process could lead to months of rehabilitation and perhaps even permanent disability. Consult our Nanuet product liability lawyer if you experienced harm and need financial recourse.