New York City Product Liability Lawyers

Product Liability Attorneys in New York City

Consumers in New York City who bring products home for their families or themselves expect their purchases to perform as advertised. If nothing else, they should be safe to use as intended. Unfortunately, thousands of New Yorkers are injured every year by unsafe consumer products, such as dangerous toys, defective automobiles and car parts, prescription drugs, and defective machinery and equipment.

When companies sell products that are unsafe due to faulty design or manufacturing error, or sell them under false claims, they violate the law. If you have been injured by a defective consumer product, you may be able to hold the manufacturer, distributor, and seller liable for the harm done. At Zlotolow & Associates, our New York City product liability lawyers have more than 20 years of experience successfully securing full and fair compensation for injured individuals and their families.

Set up a free consultation with our team today, and let us explain your legal options for pursuing the compensation you need and the justice you deserve.

What Is a Product Liability Claim?

Undoubtedly you have heard of product recalls by such organizations as the Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA), and the Food and Drug Administration (FDA). When faulty products are identified, they are withdrawn from the market out of a legal duty to American consumers’ safety. Manufacturers often initiate recalls of their own faulty products, as well.

Unfortunately, by the time a consumer product is recalled, it has typically failed many times and harmed many people. If you have been injured by a faulty product the sellers knew or should have known was dangerous, the manufacturer’s (and others’) duty then becomes to compensate you for your losses.

A product liability claim may involve any type of product, including:

  • Automotive products, such as parts and systems (air bags, brakes, tires, steering, etc.) as well as entire cars, trucks, and motorcycle.
  • Children’s products, such as toys, clothing, bedroom furniture, car seats, strollers, etc.
  • Prescription drugs and over-the-counter medications, such as cholesterol-lowering statins, diabetes drugs, and birth-control pills and devices
  • Medical products and devices, such as prosthetics (artificial hips, knee implants, breast implants), surgical mesh, power morcellators, etc.
  • Machinery and tools, such as ladders, scaffolding, power tools, industrial machinery and equipment, etc.
  • Sports and recreation products, such as all-terrain vehicles (ATVs), boats, personal watercraft (“jet skis”), pools, spas, trampolines, etc.

Product liability law holds that any or all parties responsible for a product that causes harm due to defect may be held liable, or legally responsible. This includes the manufacturers and any or all distributors, including wholesalers and retailers.

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Basis for a Product Liability Claim

A defect in a consumer product that might be the basis of a product liability claim is one due to:

  • Design: This is a defect inherent in the idea of the product that makes it unreasonably dangerous. Lawn darts, once sold as a toy but banned after children playing with them were injured and killed, are a classic example of flawed design.
  • Manufacturing: The problem occurs as the product is built and produced. For example, a manufacturing defect might be found in the formulation of glue applied between tire treads, which causes the glue to fail and allow treads to come apart.
  • Marketing: How the product is described and sold may be a liability if marketing materials or instructions do not warn of risks the consumer assumes by using the product. Faulty marketing may range from not describing the danger of a chainsaw’s “kickback” in operating instructions, to not disclosing a new drug’s adverse side effects.

A product liability claim could be based on one or more of the above problems, claiming negligence or failure to perform as promised (breach of warranty), whether described or implied.

Because it can be difficult to prove negligence in design or manufacturing, many product liability cases in New York are “strict liability” claims. Such claims argue that the product was dangerous when manufactured, or “as is,” was not altered in any way before being used as intended, and its defect (in design, manufacture, or description/instructions) led to an injury.

If you have been injured because a consumer product failed while you were using it as it was supposed to be used, you should seek advice from our experienced New York City product liability attorneys. Our team at Zlotolow & Associates can assess your accident and injuries for free, and we will fight aggressively to protect your rights.

Compensation in Product Liability Claims

If you or a loved one has been injured by a faulty product, the time to act is now. You do not have to wait for a recall to seek compensation if you have been injured by a dangerous consumer product. In fact, legal action may succeed faster if taken before it becomes widely known that a product is defective and causing injuries.

Through a consumer product liability claim, you may be able to recover compensation for:

  • Medical expenses (past, present, and future)
  • Lost income, including reduced earning capacity in the future
  • Property damage
  • Pain and suffering
  • And other expenses and damages

Contact Zlotolow & Associates for dedicated and compassionate legal assistance if you face medical bills and missed paychecks due to injuries that were not your fault. We will focus on fighting for your financial future and let you concentrate on recovering.

Frequently Asked Questions

How long will my case take?

The amount of time it takes to resolve your case will depend on multiple factors. First, it is important that you take the time you need to heal. Once you reach maximum medical improvement, we will be able to estimate the extent of your damages. Second, you are the one who decides when you want to settle or go to court. Our attorneys will present you with every settlement offer and explain whether we feel you are owed more. We will negotiate aggressively and be prepared to take your claim before a judge and jury, if necessary. But a lawsuit does take time, and it is ultimately your decision on how you want to proceed.

What will my lawyer handle for me?

Our full-service personal injury law firm will handle all aspects of your claim, including communicating with the insurance company, filing your property damage claim, and keeping track of your medical records. We will also launch our own investigation into the cause of your accident to identify every possible source of compensation. And we will bring in medical experts and financial professionals to help evaluate your claim and determine what full and fair compensation should be.

What will I have to do for my personal injury case?

You need to stay focused on your health. Make sure you follow your doctor’s orders and make it to all your appointments. Start a journal to document how your injury is affecting your everyday life, both physically and emotionally. And protect your privacy by taking a break from social media and not talking about your case.

Should You Join a Defective Product Lawsuit?

As a faulty consumer product becomes the object to multiple legal claims, the potential cost to the manufacturer and other liable parties will become apparent. Some large corporations will vigorously fight legal claims in the courts and in the court of public opinion as they set aside funds to pay an anticipated settlement.

Once numerous lawsuits have been filed in federal or state courts, the courts may combine similar claims one of two ways:

  • Class-Action Lawsuits combine claims by multiple plaintiffs who have similar legal complaints against a defendant. The court that creates a class-action lawsuit will appoint one or more plaintiffs to represent the class.
  • Multidistrict Litigation (MDL) groups together similar cases that have common legal issues, and one or a select few claims are chosen to be heard in a “bellwether” trial. The Judicial Panel on Multidistrict Litigation creates MDLs so the cases may be heard more efficiently in a single court.

If the courts have established a class-action lawsuit or an MDL action pertaining to claims like yours, Zlotolow & Associates can advise you about joining existing litigation or pursuing your own claim. There are advantages to each path, which depend on the facts of your case, including your medical needs.

Contact Our Product Liability Lawyers in New York City

Schedule a free consultation with our New York City product liability attorneys now to learn about your legal options for seeking restitution. Call us or fill out our online form, and let us start working to protect your financial future.

TALK TO US FOR FREE (212) 991-9750