New York Product Liability Lawyer

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.

new york product liability lawyer

What is Product Liability?

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.

What is Strict Product Liability?

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.

What The Plaintiff Must Prove in a Strict Liability Case

In a strict product liability lawsuit, the plaintiff must prove:

  • The product was unreasonably dangerous either during the design process, the manufacturing process, or the selling process,
  • The seller expected or intended a consumer to buy the unreasonably dangerous product without making any changes to it,
  • And the consumer suffered major injuries or illnesses due to the unreasonably dangerous product.

Possible Strict Liability Defenses

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:

  • The consumer used or consumed the defective product in a way that indicates that they knew (or should have known) that they could become injured. Or the consumer used or consumed the product even if they previously knew about the defect. This is called the assumption of risk.
  • A thorough investigation proved that the consumer’s carelessness when using or consuming the product was the only cause of their injury. 
  • Another person, product, or event interacted with the defective product in question which caused the consumer’s injuries. In other words, the defective product was not the sole cause of the injury.

Common Types of Product Liability Claims

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.

new york product liability lawyer

Common Types of Defective Products

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.

  • Dangerous medical devices
  • Prescription drugs
  • Children’s toys
  • Car parts
  • Household appliances
  • Cleaning products and chemicals
  • Contaminated food products
  • Heavy machinery
  • Safety equipment
  • Beauty products
  • Construction equipment
  • Batteries

Common Types of Injuries from Defective Products

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.

new york product liability lawyer

Who is Liable for Dangerous and Defective Products?

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.

  • Manufacturer: If the product defect boils down to a manufacturing error, then the manufacturer is likely at fault. 
  • Distributor or Wholesaler: These are considered the “middlemen.” But any mistake they make during their jobs can cause a product to become defective. If an investigation reveals that the danger began in the distribution process, consumers can certainly sue the middlemen.
  • Retailer: If the store knowingly sold a defective product and gave absolutely no warning to its customers, it can be held liable in a lawsuit.

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. 

Damages for Serious Injuries Caused by Defective Products

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:

  • Past and future medical bills
  • Past and future rehabilitation bills
  • Caregiving expenses
  • Expenses for necessary medical equipment such as wheelchairs, braces, prosthetics, etc.
  • Lost wages
  • Loss of earning capacity
  • Physical pain and suffering
  • Emotional distress
  • Loss of consortium
  • Loss of enjoyment of daily life
  • Funeral and burial expenses if the defective product caused a wrongful death
new york product liability lawyer

Call a New York Product Liability Lawyer at Bailey, Johnson & Peck Today

In product liability matters, defending the case is not our only concern. Each New York product liability attorney at Bailey, Johnson & Peck can also ensure that all of the available insurance coverage is secured and that every option for potential indemnification is pursued. Our legal team represents clients with businesses and office locations throughout the Albany area, including Schenectady and Troy. We’re ready to begin an attorney-client relationship with you. Call us at 518-456-0082 for a free consultation or complete our contact form to arrange a consultation.

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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.