New York Product Liability Lawyers

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 When faulty products are identified, they are withdrawn from the market out of a legal duty to American consumers’ safety.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:

• Car parts
• Motor oil
• Children’s toys
• Childcare products
• Medical devices
• Prescription drugs
• Over-the-counter drugs
• Power tools
• Gardening equipment
• Sports equipment
• Recreational products

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.

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 have been injured as the result of a defective consumer product, you should contact a personal injury attorney. At Zlotolow & Associates, our New York product liability lawyers have more than 20 years of experience successfully securing compensation for injured individuals and their families. In addition to helping clients with their personal injury cases in New York City, we also service The Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau, and Suffolk. Contact us toll-free at (866) 800 – 0092, or visit our contact page for a free consultation.

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.

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

Our firm has represented clients in a wide range of product liability cases, including class action and multi-district litigation lawsuits. We will work with you to determine whether such cases exist for your specific product liability claim and advise you on whether it is to your advantage to join these cases. We will tailor our litigation strategy to best suit your needs, and ensure you receive the maximum amount of compensation possible.

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.