We all use dozens of products each day and we trust manufacturers to make their products with safety in mind. And while most product manufacturers are trustworthy and responsible, some are not. From time to time, consumers in New York City are injured because of product defects or because they aren’t properly warned about the potential dangers of using a certain product.
When injuries occur because of this negligence, victims may have grounds for a product liability lawsuit. Product liability lawyers can help personal injury victims secure the right compensation for their needs and ensure lawsuit success. To learn more, please call Schwartzapfel Lawyers at (516) 342-2200. Or, if you’d prefer to read up on the subject first, allow us to break down what product liability lawyers do and how they can be helpful for your case.
What Is Product Liability?
In a nutshell, product liability is the legal concept that a product manufacturer has a legal responsibility to provide safe products to users or inform users about a product’s potential dangers. For instance, a product manufacturer cannot deliberately or knowingly make a product that:
- Has the potential to poison someone needlessly
- Could be physically dangerous to a user
- Could be physically dangerous to someone else
As an example, imagine an automobile manufacturer that creates popular trucks. The automobile manufacturer has a responsibility to create every component carefully and responsibly to maximize safety for a new truck model.
If the truck model is later discovered to have a major component issue that leads to brake malfunctions, the truck manufacturer could be liable for accidents that occur as a result of this component problem.
In another sense, product liability shows accident victims which party may be responsible for paying damages if their injury is due to negligent product manufacturering (willful or otherwise).
Product Liability Laws in New York
Although product liability is a universally recognized legal concept, individual states also have specific rules. New York has several important product liability laws to keep in mind if you plan to file a lawsuit.
To discuss your potential lawsuit, contact Schwartzapfel Lawyers P.C. at (516) 342-2200 for a free consultation.
Design and Manufacturing Defects
Firstly, New York classifies manufacturing defects as issues with a product arising from its creation process.
For example, imagine that a product manufacturer has created a new type of supplement drink. However, one of the drink’s ingredients makes it toxic to some consumers. Under New York product liability law, the manufacturer would be liable due to this defect.
Put another way, a manufacturing defect means that a product doesn’t work as designed.
Similarly, New York classifies design defects differently from manufacturing defects. Design defects describe a problem with a product’s original design or intention. For example, many SUVs used to be designed in ways that made them prone to rollover accidents. As a result, SUV manufacturers eventually had to change design elements in those vehicles to make them safer for users.
Both design and manufacturer defects are grounds for product liability lawsuits. However, proving design or manufacturing defects with a product can be difficult without legal professionals on your side.
Failure To Warn Laws
Additionally, New York holds manufacturers on the hook if they fail to warn users about potential dangers. Some products cannot be made to be perfectly safe without compromising their design principles. For instance, no one would say that a firearm is meant to be completely safe.
However, if a company knows about one or more dangers associated with one of its products and doesn’t tell consumers about those risks, it could be liable for a lawsuit if someone is injured as a result. For instance, if a company creates a new type of toaster but doesn’t warn users about its potential to overheat, the company could be liable for a lawsuit if the toaster causes a fire later.
To speak with an expert product liability lawyer at no cost, call Schwartzapfel Lawyers at (516) 342-2200 now.
What Kinds of Products Are Subject to Product Liability?
In New York State, almost every type of constructed or manufactured product is subject to product liability. This includes but is not limited to:
- Automobiles
- Drugs and supplements
- Toys and electronics
- Heavy machinery
- Tools
- Batteries
- Household appliances
- Safety equipment like seatbelts and airbags
- Construction equipment
In short, if a product was designed for public use, the manufacturer is subject to product liability. Hence, if you or a loved one has been injured due to a defective product, the manufacturer likely bears some of the blame for the accident and you should contact a product liability lawyer right away.
How Product Liability Lawyers Can Help
The right product liability attorneys can significantly improve your chances of lawsuit success. Because you have a limited time to secure the money and compensation you may be entitled to, you should act now. Call Schwartzapfel Lawyers P.C. at (516) 342-2200 to hear how our team of product liability pros will fight for you. Don’t wait!
Here’s how product liability lawyers can help with your product liability lawsuit.
Gather Key Evidence
For starters, product liability lawyers can help you gather the key and critical evidence necessary to ensure your lawsuit succeeds. Every product liability lawsuit needs a few pieces of evidence, including:
- Proof that your injuries were sustained directly from the use of a product
- Proof that you used the product as intended (i.e. your injuries were not due to user error)
- Proof that the product either has a design or manufacturing defect contrary to the stated intentions or design principles of the product
While it might seem easy to gather this evidence yourself, it can be more challenging in practice. Many product manufacturers will attempt to shift the burden of responsibility to consumers in an attempt to save their reputations and money.
The right product liability team can help you gather evidence and point out flaws in the manufacturer’s arguments.
Provide Legal Counsel
A product liability lawyer will also provide reasonable legal counsel and help you file your product liability lawsuit. For example, New York product liability lawsuits are subject to a three-year statute of limitations. That means you can only file your lawsuit within three years of the incident date.
Your lawyer will help you file the paperwork on time, advise you on your chances of lawsuit success, and help you identify the manufacturer or product creator most responsible for your injuries. In this way, they will help you file the right lawsuit at the right time rather than wasting time and money.
On top of that, some product liability cases are even more complex through class-action lawsuits. Class-action lawsuits are possible when multiple consumers band together and collectively file a lawsuit against a product manufacturer. These cases are possible when a mass-produced product causes many of the same injuries across several consumers over a short timeframe.
For example, a product manufacturer creates a new airbag that is too forceful, leading to extra injuries for accident victims. The accident victims band together and file a class-action product liability lawsuit to recover damages for the injuries sustained from the overly forceful airbags.
Present Evidence in Court
A well-qualified product liability attorney will be able to present evidence to the court efficiently, persuasively, and effectively. This is important because product liability lawsuits are never easy, as product manufacturers will almost always bring their own legal team to the fight.
Hence, you should not go through a product liability lawsuit by yourself. Having skilled legal professionals on your side is the best way to make sure your evidence is presented properly and registers fully.
Maximize Your Compensation
Speaking of registering fully, product liability lawyers in New York can significantly improve your chances of securing the maximum amount of compensation for your medical expenses, rehabilitative costs, pain and suffering, and other damages.
Depending on the injuries sustained, you may incur high medical bills ranging from hundreds to thousands of dollars. Product manufacturers should be required to help you pay for those medical bills if they are responsible for them in the first place.
If you wish to acquire as much compensation as possible, product liability lawyers are the best support you can get. They’ll persuasively argue on your behalf that you need compensation to cover:
- Past and future medical bills (e.g. surgeries, doctor visits, X-rays, medical prescriptions, etc.)
- Loss of income if you can’t return to work right away
- Pain and suffering due to your injuries
Summary
When it comes to product liability, you shouldn’t have to carry out your lawsuit alone. Don’t place the burden of collecting evidence, presenting it to court, and navigating the legal intricacies entirely on your shoulders.
Instead, call on Schwartzapfel Lawyers P.C. As experienced New York product liability attorneys, we are well-equipped and ready to help with your upcoming product liability case. We will help you identify who’s liable for your injuries and fight to maximize the compensation you may recover due to product defects, design issues, and/or company failure to warn about potential safety hazards.
Want to know more? Contact us today at (516) 342-2200 for a free consultation and more!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
Statute of Limitations Definition | Investopedia
Products liability | Wex | US Law | LII / Legal Information Institute
