Private businesses and insurance companies rely on the attorneys at Bailey, Johnson & Peck, P.C. to provide the legal guidance and representation needed to minimize exposure to product liability claims. Drawing from decades of combined experience in these matters, each New York product liability lawyer represents clients on both sides of a product liability claim: the party injured by the product and the retailer, distributor, and manufacturer responsible for the defective product. Each New York product liability lawyer at our law firm has extensive knowledge of New York law and extensive experience in handling all sorts of product liability litigation. Call us today at 518-456-0082 for a free consultation.
Product liability often falls under the large legal umbrella of personal injury. Basically, a product liability occurs when a consumer sustains serious injuries or wrongful death from a dangerous or defective product. All companies have an ethical and legal duty to create safe consumer products. There are countless regulations in place to ensure that every product on our store shelves is safe for use and consumption. However, some products still slip through the cracks of these regulations and harm innocent consumers. That’s when product liability lawsuits arise.
The difference between strict liability and regular product liability cases boils down to what the injured victims have to prove in order to win damages. In strict liability cases, the manufacturer, seller, distributor, etc. of a faulty product is responsible for a consumer’s injuries regardless of how they used the product. So even if the consumer incorrectly used a potentially dangerous product, the manufacturer could still be held liable in a strict liability case.
Meanwhile, in a regular product liability claim, the consumer’s actions when using or consuming the defective product are taken into account in determining liability.
In a strict product liability lawsuit, the plaintiff must prove:
Just because consumers have to prove less in strict liability cases than they do in regular product liability cases, doesn’t mean that the manufacturer will automatically be held liable. Our experienced New York product liability lawyers can successfully defend manufacturers, designers, and sellers by proving:
There are thousands of unique product liability claims out there, but the majority of them fall into the following three categories.
A manufacturing defect means that the product became defective during the manufacturing process. In cases involving a manufacturing error, only a handful of products may be defective, not the whole line of products.
A design defect indicates that the product is defective through its design instead of how it was manufactured. The defective design generally means that the entire product line is defective, not just one product.
The third most common type of product liability claim is the failure to warn consumers of a product’s potential danger. Some lawyers refer to this type of claim as a marketing defect. Most companies provide detailed warning labels on their products in order to prevent consumer injuries. If a consumer used the product incorrectly and suffered an injury due to a lack of an adequate warning, the injured person could sue the company.
There are countless types of dangerous products out there that can lead to injured consumers and lawsuits. The most common types of faulty products that our legal team sees on a regular basis are listed below.
Unfortunately, a product defect can lead to a wide range of injuries and illnesses depending on the product in question and how it was used. Personal injury lawyers frequently see the following types of injuries in defective product cases.
Defective product cases can be complex due to the number of potentially liable parties involved. Listed below are the most common liable parties in these types of cases.
Of course, there are times when a consumer sues any of the above parties and an investigation reveals that the consumer is actually at fault for their own defective product injury.
Because defective products can cause major injuries and even death, the victims involved naturally suffer a variety of damages. In most personal injury claims, plaintiffs can receive fair compensation for:
Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.