Someone who suffered harm due to a defective product has the right to claim damages from the product manufacturer or seller. A seasoned personal injury attorney could explain the legal process involved in holding a manufacturer responsible for an injured person’s losses.
Place a call to StolzenbergCortelli, LLP, and consult a Nyack product liability lawyer as soon as possible after an accident. With their help, you could receive compensation for all the losses you endured.
Sometimes it is obvious that a defective product caused an injury. For example, if a home pressure cooker explodes and a person is scalded, connecting the defective product to the injury is easy.
At other times, it is more difficult to make the connection. Mechanical failures often have a role in vehicle accident cases, but if no one explores that possibility, a seriously injured person might claim against only the other driver. Workplace accidents could result from defective machinery, allowing an injured worker to seek damages from the manufacturer in addition to their Worker’s Compensation benefits.
A Nyack defective product attorney from StolzenbergCortelli, LLP could thoroughly review a claimant’s injuries and the surrounding circumstances and consider whether a broken or defective item could have been a contributing factor.
New York Civil Practice Law and Rules § 214 allows a person three years from the date of injury to file a lawsuit asking for damages. An injured person who misses this deadline cannot turn to the courts for justice from the manufacturer. The law contains several exceptions that might apply in a specific case, so it is best to consult a local attorney rather than assume the time for action has passed.
Many products could cause injuries after long-term exposure. When an injury is not apparent immediately, the person has three years from the date they discovered the harm the product caused. For example, many women who used talcum powder later developed ovarian cancer. In most cases, the law in New York allows them three years from their diagnosis to file a lawsuit against the talcum powder manufacturer.
When an individual has a claim against a product manufacturer, they could seek damages for negligence if they could prove that the manufacturer did not use reasonable care when they offered the product for sale. They also could hold the manufacturer responsible on a strict liability theory. To prevail on strict liability, a claimant must prove that the product was defective when it left the manufacturer because of a design flaw, a manufacturing error, or an inadequate label or instructions.
Sometimes, many people suffer harm from the same products. In that case, an injured person could join a class action or mass tort lawsuit. A Nyack product liability attorney from StolzenbergCortelli, LLP could investigate whether the product that harmed a specific claimant could be folded into a class action or mass tort.
A class action suit means anyone who suffered similar harm from a specific product could choose to join a lawsuit brought on behalf of the class of injured people. Several named claimants representing the class pursue the case, and if the manufacturer settles or loses at trial, all members of the class share the proceeds equally.
A mass tort is a consolidation of multiple lawsuits alleging individual harm against a single manufacturer or a group of companies that manufactured a single product. The courts combine these lawsuits, and the claimants must prove their case once. If they do so, each individual claimant is then responsible for proving their damages and receives a portion of the award according to the harm they suffered.
Companies that rake in huge profits should pay for the harm that consumers suffer when the product malfunctions or is defective. At StolzenbergCortelli, LLP, a Nyack product liability lawyer could help you get reasonable compensation for the harm that the manufacturer caused. Call us at your earliest convenience to schedule a free consultation.